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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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We have not signed a contract but have made payment towards

Customer Question

We have not signed a contract but have made payment towards the event to which the contract is for, we wish to delay the event due to the event being in the location of the G* protests. Where do we stand
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Can you tell me when the event is scheduled for ? How much notice will you give them please?
Customer: replied 3 years ago.

The event is scheduled is for 11th June 2013, company has said they are not confirming the event until all monies are paid, to date we have paid £522,157 gross we have outstanding £357K. It is possible the police will not allow the event to take place. We wish to pull out and reschedule.

Expert:  Jo C. replied 3 years ago.
Yes, I do understand your concern.

Can you tell me what this company will provide for this event? You don't need to name them but are they providing the venue, the catering etc?
Customer: replied 3 years ago.

They are providing the venue and the equipment within the venue and security. The venue happens to be a Marquee therefore the structure is an easy target and our goods on display are worth money. Also there has been many amendments to the contract.

Expert:  Jo C. replied 3 years ago.
Yes, the truth is that there are arguments on both sides.

They will say that the fact that you haven't signed a contract is a non issue. You have made payments and so accepted a contract.

You do seem to accept that you have booked this particular date.

If you cancel now without agreed rights of cancellation then you would be acting unlawfully. However they are under a duty to mitigate their loss by seeking to sell this venue to another. In fairness, you haven't left them long to do that and you cannot hide from that.

I do think though that, if the police disallow it, there is probably an argument in frustration of contract and its not often I say that. You will find a pretty good description here

But basically if a contract becomes either impossible or illegal to perform through no fault of either party then there is an argument that its frustrated.

If you give me about an hour I will see if anybody else can think of anything else that will help.

Expert:  Jo C. replied 3 years ago.
The only other thing that immediately comes to mind is this.

If they will not confirm it until you have paid then arguably this is a conditional contract and you can cancel and ask for the return or the money.

If you want to send me the email exchanges - blanking out any identifying features - then I could probably give you a better view.
Customer: replied 3 years ago.


This is today email, clearing stating event is not confirmed till we pay she also states this in every conversation.


Hi Claire,


It was lovely to speak to you, as promised I am forwarding email I sent on Friday.


The outstanding payment of £357,440.27 is due to confirm your event, please can you advise me when the next payment is scheduled.


Many thanks



Hi Claire,


I will confirm receipt of monies when they arrive in our account.


We will require payment of the outstanding balance on your account for our invoices P1601 & P1602 by Friday 24th May or I will be unable to confirm various elements of your event.


Will be in contact on Monday when monies received.


Many Thanks



Expert:  Jo C. replied 3 years ago.

And you haven't paid the £357k?
Customer: replied 3 years ago.

That is due this week, until that is paid they state they cannot confirm the event

Expert:  Jo C. replied 3 years ago.
No, and arguably that amounts to a conditional contract which you can cancel because you have not satisfied the condition.

Obviously they may not accept that but its certainly an argument you can raise.
Customer: replied 3 years ago.

Sorry not understanding what you are saying. If we do not pay the full amount and they do not confirm the event it is a conditional contract? and we can request the money back in full?

Expert:  Jo C. replied 3 years ago.
Yes arguably, the contract as it stands is a conditional one - arguably. Obviously none of this is guaranteed. Nothing is ever set in stone and I haven't had full vision of the case.

You have not yet performed the condition and so the contract is not binding - like saying to somebody I will buy X product if you reduce it to 50p. Until they do reduce it to 50p they haven't performed the condition. In fact, thats a bad example but the best I can think of at the moment.

If they haven't yet confirmed because you haven't performed the condition then you can cancel normally in contract law.

Clearly this is a high amount and you might want to take face to face advice from somebody who has had full vision of the case.
Customer: replied 3 years ago.

Thank you, I may be in touch tomorrow

Expert:  Jo C. replied 3 years ago.
Yes, no problem. Come back when you like.

I'm in court tomorrow so don't panic if I don't respond immediately. I will always come back.

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