Loan Agreement Breach: Evidence of Incomplete Contract Formation
Mr. Sap submitted a claim against Mr. Sin for the amount stipulated in the loan agreement. Mr. Sin contended that Mr. Sap had provided Mr. Sin with funds to procure a boat. The loan agreement was not completed, lacking the specification of the amount of money and the date, and subsequently, the amount was filled in and brought forth as the basis for this lawsuit. Mr. Sin was permitted to present evidence in defense, the reason being that Mr. Sin’s presentation of evidence did not imply an intention other than that of the loan agreement being incomplete, relying on the provisions of the Civil Procedure Code (Judicial Court Case Law No. 1104/2518), Section 94, final paragraph.