How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

If A makes a payment to B, subject to certain conditions, can

Customer Question

If A makes a payment to B, subject to certain conditions, can B keep the money only if he fulfils the conditions?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. I will help you with this.

LondonlawyerJ :

I am sorry. I have just noticed this is a question about Scottish law which I will not be able to help with.

JACUSTOMER-8bruk72z- :

Is there anyone who can give me an answer? Failing that, what would be your answer under English law?

LondonlawyerJ :

Under English law it would depend. If there was a contract that B would carry out legal acts in return for payment from A then if B accepted the money and failed to carry out the acts then he may well be in breach of contract. This would give A the right to bring a claim against B seeking compensation for losses suffered as a result of B's default. Compensation would principally be return of the money plus compensation for any consequential losses.

LondonlawyerJ :

These are the general principles under English and Welsh law. The comments are vague because your question is light on detail. If you wanted to give me more detail I might be able to provide more practical help. A contract doesn't need to be in writing but is simply an offer and acceptance between parties with one or more party carrying out an act for consideration (ie payment).

JACUSTOMER-8bruk72z- :

I withheld payment of rent to my landlord because he refused to replace a damaged carpet. Through his letting agent he agreed to replace the carpet provided I paid the arrears to the letting agent who would hold the money until the carpet was replaced. I paid the arrears to the letting agent. The landlord now refuses to replace the carpet and intends to have me evicted.

LondonlawyerJ :

Whether the landlord is obliged to repair the carpet will depend on the terms of the tenancy agreement if there is one. As to whether you had a legally enforceable contract regarding the repairs this is not completely clear. He may say that he only agreed to repair the carpet because you unreasonably withheld rent. This might well be a successful defence. Look at your tenancy agreement to see if there is a clause that could cover replacing defective carpets. The repairing obligations implied in all tenancy agreements would not normally cover this. In terms of possible eviction he will need to follow the correct legal procedures regarding notice giving etc. which is really a separate legal issue to the question you posted.

LondonlawyerJ :

I hope I have answered your question but if you need further help please let me know. Also I would be grateful if you would change the rating of my service.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice