Ogiltighet av vilseledande avtal - Med fokus på fakturabedrägerier

Sammanfattning: The purpose of this paper is to display Swedish law in regards to fake invoices and how these contracts under misleading agreements can be voided. The amount of police reports regarding fake invoices have increased significantly during the last ten years, one should also consider the big number of hidden statistics. Apart from the fact that it affects a lot of people it also has a high yearly turnover. Therefore this is a subject that deserves attention. The questions at issue to enable the papers purpose is the following: What does “svikligt förledande” according to 30 § avtalslagen mean? What factors are relevant in case law to evaluate if an agreement can be voided? Are written and oral agreements dealt with differently by courts? To be able to answer my purpose and questions a judicial enquiry regarding established law will take place. The protection under civil law for the ones that have been affected is mainly good. There is only a few cases on this area, therefore it´s hard to make any general conclusions, but the tendency is that one can have the possibility to be released from this kind of agreement. “Svikligt förledande” should be seen in the context of the legislative history, against better knowledge and with intention to mislead the other to action. In established practice ”svikligt förledande” have to a big extent been when the affected got the perception of a certain condition that is not correct, this perception must be of some importance. Regarding what factors are relevant in case law the courts take into account the circumstances with an objective eye. The court checks how the contract have been formed and what is the impression it lets off. If the price is written in small font or is found in the margins or on the backside. Does the supplier know that by their actions they have produced the order. Layout and if the text is clear or weak is also of significant value. Regarding oral and written agreements they are dealt with in the same way, the main difference is in regards to evidence. The written cases often have the written agreement available which makes it easier for the court to make an assessment of it´s impression. In regards to oral agreements often times there are no firm evidence, it´s word against word and when there is evidence it´s usually only of a small sequence of the conversation.