THE LAW ON ILLITERATE PERSONS AND WRITTEN CONTRACT

In today’s Friday read, we will discuss the validity of a contract by an illiterate
Generally, an illiterate is considered as someone who cannot read and write.
In a country such as Ghana where majority of its population involves literates, the Illiterates’ Protection Ordinance (CAP 262) has made provisions to ensure that illiterates are treated fairly in their dealings with literates.
One of such fair dealings is ensuring that illiterates are well protected under the law when they enter into written contracts.
It must be noted that not all written contracts entered into by illiterates are binding on them. This is because the law presumes that an illiterate may not understand or appreciate the full terms of the contract.
Therefore, in order to hold an illiterate bound by the terms of a contract or any document, the law requires the person to prove the following:
i. That he or she clearly and correctly read over and explained the document or caused it to be read over and explained to the illiterate;
ii. Caused the illiterate to write his signature or make his mark on the document; and
iii. Clearly wrote his or name on the document.
In conclusion, a person must prove all these requirements in order to hold an illiterate bound to the terms of a contract.