If I pay a monthly bill to a club and it just discovered it had not included one certain fee all last year, do I now have to pay all those back fees?

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If I pay a monthly bill to a club and it just discovered it had not included one certain fee all last year, do I now have to pay all those back fees?

The club that bills for dues, assessments, fees and food.

Asked on April 1, 2014 under Business Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An account stated is construed as a contract.  If you did NOT know about the fee, you are not liable.   The club will not be able to enforce its mistake against you. 

If you knew about the fee, you are liable since under a contract you would not be able to benefit from a mistake by the other party of which you had known. 


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