Don’t sign documents you can’t read

That seems to be the lesson from the judge that decided this court ruling rejecting a lawsuit filed by a half-Japanese worker against his former employer. Apparently the man, who was born in China and came to Japan to work, initially accepted about $7,000 in compensation on the condition that he sign a document written in Japanese (the man has claimed he could not understand what was written).

When he tried to sue for more money, the company produced the signed document as proof that he had waived his right to claim further compensation:

Nakazawa lost two of his right fingers and became paralyzed in his right arm as a result of the accident that occurred at the pressing plant in Tokyo’s Edogawa Ward in October 2003, according to the ruling.

Nakazawa, who was seeking around 87 million yen in compensation, plans to lodge an appeal with the Tokyo High Court.

In Thursday’s ruling, Presiding Judge Yasushi Nakamura said, “The court determined that the plaintiff had renounced the right to claim compensation as he received 700,000 yen,” while also noting that there were no supervisors at that time of the accident and that the employer failed in its duty to ensure the safety of its employees.

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http://www.chirimotsumoreba.net/ Jordan

While the point stands that you really shouldn’t sign anything you can’t read, I have to say this is a gross injustice.
http://www.japaneconomynews.com/ Ken

I don’t know the details in full here, but you cannot sign away your basic rights in an employment contract. Any such portions of a contract would be invalid.
ponta

Did the court really judge that Nakazawa didn’t understand the terms and he was forced to sign as the article says ? and still did it reject his claim for compensation?
Or is it just the case that the article is just repeating the plaintiff’s claim and the ruling is such that he understood the terms and signed of his own accord?
In the former case, it seems evident the appeal court will reject the lower court’s rule.
As a side note, the contract in question is not an employment contract, as as far as the article goes.
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Darin

When signing contracts, it’s necessary that both parties understand the contract and both parties are entering into the contract in good faith. He didn’t understand the content, and the Japanese guy was intensionally tricking him. Sounds to me like the contract is void.

However you have to keep one thing in mind in Japan, laws don’t me squat as Japan is practically a lawless nation. People tend to follow the laws because they’re genuinely good people, but there are horrible people, and for some reason many of them decide to become judges.

Trufax

Contract law has only recently begun to gain popularity in Japan and only because companies have seen it as a way to control employees. That being said, don’t try to make too many comparisons to American contract law.

Sure, a basic principle of “Common contract law” is that there is a fundamental understanding between both parties. But that just isn’t true anymore. Harvard contract professors can’t really figure out credit card contracts these days so you can’t expect a lay person to know what they are actually signing.

Previously usurious contracts are more often being upheld. I would say the contract in this case is usurious, without even doing any research into it, but apparently it isn’t in Japan. So sad, because a contract that clearly violates contract law should never be upheld. Whatever, I’m not surprised from a legal system that still employs a format most often seen in Socialist and Communist countries, i.e. jury members as finders of law and not finders of fact.
ponta

Japan is practically a lawless nation.

there are horrible people, and for some reason many of them decide to become judges.

Is it just your way of expressing frustrations living in Japan or do you have reasons for the claims?

Bob

One word:

Buraku.

ponta

Contract law has only recently begun to gain popularity in Japan

FYI

The Civil Code of Japan (民法 Minpō, 1896) was created in 1896.・・・・・Japanese contract law is based mostly on the Civil Code　
http://en.wikipedia.org/wiki/Law_of_Japan

And the history goes back further.

Japanese have for centuries used contract to transfer economically valuable goods and services.
page 44　A　Japanese law　Ramseyer &　Nakazato

I would say the contract in this case is usurious, without even doing any research into it, but apparently it isn’t in Japan.

Is that so in the U.S.? Interesting.
Japanese court would research whether or not it is a fact that the plaintiff’s claim that he didn’t understand the terms and he was forced. Without finding the fact, you can’t judge whether the contract is void or not in Japan.
.

I’m not surprised from a legal system that still employs a format most often seen in Socialist and Communist countries, i.e. jury members as finders of law and not finders of fact.

FYI

Judges generally take a more active role in Japan than in the United States. Not forced to save factual issue for the jury, if they so choose they can aggressively control the case. Judges who want to do so, for example, can demand documents , pester witnesses, name experts, and open new lines of questions.・・・・・page 142 A　Japanese law　Ramseyer &　Nakazato

Don’t sign documents you can’t read

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