The person who the deal was set up with left the company as part of a consultation process. I am still in touch with them though if they need to confirm the appointment of the works.
A contract can be oral as well as written and is legally binding.
However clearly an oral contract is much harder to prove the existence of than a written contract.
If you have lost the emails confirming or inferring the 3 year deal that clearly is detrimental to your case.
If they cut the deal short you have the option to sue the Company for breach of contract but for loss of profit.
But the point is you may struggle with the evidence.
You have lost the email and the person you agreed the deal with has left.
You could bring a claim for breach of contract but the burden would be in you, as Claimant to prove the case.
But if you have been doing the work for a number of years this implied conduct could mean there is an oral contract in existence and you could seek reliance on that.
Can I clarify anything for you about this today please?
Yes, I should be able to produce the email and I am still in contact with the person who instructed the work. This is a large company and any such decision would have needed executive committee approval. This was obtained and hence the works were appointed. We completed the first year and started the second year. The sale took place during the second year.
Yes. The email is key really.
Does that help?
In the absence of an email will confirmation from the person suffice?
Yes. But if it went to Court they are likely to be required to attend Court and give evidence to confirm this.
Would this be a costly exercise? We are a small consultancy and the company are a large multi national with their own legal team etc. I am confident the person who commissioned the work would support us but we cannot afford a costly legal battle, costly in both time and money.
It depends on how much you are claiming. Fees are here: http://www.justice.gov.uk/courts/fees
Of the premises left to assess circa £10K per year, so just short of £20K. In the onus and liability on the new company or the existing company? I believe our services were part of the due diligence exercise but obviously cannot prove this if challenged.
Existing company - whoever you contracted with
Sorry but Im a slightly confused. Our company was appointed by a company which has now been purchased by another company. The company who we were contracted with had a parent company who still exist.
I see, in that case if they purchased all the assets and liabilities then the contract would be transferred too
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HI Alex, Sorry for the delay, I had to pop out.
In the interim I have actually received a response from the new company asking for sight of the email confirming approval or statement to that effect. I have asked my contact for a statement and also if she kept a copy of her emails. I am also checking with my archives.
On the assumption that I can corroborate that the proposal was accepted by either email/statement and the new company decided to engage us how would we stand in terms of a breach of contract? They could argue that their time was spent integrating the company which delayed our assessments. We missed 19 assessments last year which were in our eyes confirmed business. Quite frankly I don't want to work for them but want to know if they can pull this excuse to halt any potential action against them. I believe it is a breach of the agreement and lost revenue? Please can you confirm. Thank you.