Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Has your wife made a counter offer in relation to carrying out any additional work?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. The party in breach of contract would have a duty to try and resolve this, and the wronged party would also have a duty to try and reduce the damages/losses incurred as a result of the breach. However, sometimes that may be impossible and a court would only look at what was considered reasonable on the particular circumstances.
In this case, the company has offered to honour their original agreement however it is not as simple as just them doing that and your wife having to accept it whatever the circumstances. The initial breach may have changed things in a way that make it impossible or difficult to implement such an offer. For example, she has already found other work which she would not have done but for the breach so she would not necessarily be expected to jeopardise that just to resolve the current dispute. Additionally, the breach may have also caused a breakdown in relationship, trust and confidence between the parties so that may prevent someone from going back to finish the work, even if it means reducing the effect of the original breach.
Just whether she still gets compensated for the full 3 months or a court decides that because of this she should only get partial compensation, is something only a judge can decide. And as you can imagine, one person may come to a rather different decision to another based on their interpretation. Nevertheless, there are reasonable grounds to reject this offer and to consider pursuing this for financial compensation in court.
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you can certainly do a mix of work and compensation if you believe that would work for you. Whilst they can ask for mitigation evidence, you are not obliged to provide that now and really it is only going to be officially relevant if a claim is made.
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thank you, ***** ***** is fine, I would probably just add a deadline by which you require a response, so a specific date, say 7-10 days from now
If you are not willing to accept their offer then yes, your only option now i to consider issuing proceedings in court.
Difficult to safeguard against this, it's not like you can sign some sort of agreement to cover this, so she just has to go in and see how it goes, if things turn sour then she can potentially use this victimisation to terminate the contract early and again consider seeking compensation for the remaining time.
You are welcome