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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What was the contract for and were there any cancellation clauses agreed?
Hello, it was to supply and design a website, at the time the supplier did not inform me of any cancellation clauses, however when i told him i wanted to end the project, which had been in progress a few months, he then emailed me his terms and conditions stating i cannot cancel etc
i have paid him a 50% deposit, i ended the project as he swore and was abusive to me on the phone for not supplying content for the site, in his terms and conditions (which were not provided to me) it stated i must supply content by a certain time
Do you wish to cancel the contract and get your deposit back or just cancel and have no relations with him any further?
I just want to end the project and have no further relationship, however he is taking me to court for the remainder of the invoice and interest etc
has a claim been issued?
yes a claim has been issue and the witness statements provided
ok let me get my response ready please
When you have entered into a contractual relationship with another party, you can only cancel it in the following circumstances:
In this case you would most likely have to rely on the last option by arguing that by swearing at you the other party had breached the contract as it has made you continuing to work under it impossible – that they have basically breached the trust they have with you. The issue is that any breach you rely on has to be serious enough so as to make the continued performance of the contract impossible – it effectively has to go to the root of the contract. Whether this qualified is really a matter for the courts to decide.
Even without a serious breach or a cancellation clause you can still terminate by giving reasonable notice. Again, only a court can decide what that length of notice is but it would not necessarily take you to the end of the contract. For example, giving a week or a month would enable the other party to make arrangements to reduce any potential losses from not continuing with you and still allow you to terminate the contract.
is it an enforceable contract if he did not provide me with the terms and conditions, or the fact i did not signed a contract
yes it most likely would be - a contract would be implied anyway in law, even if you did not sign anything, but if he did not provide you with the specific terms it would mean it is unlikely to be able to rely on them word for word as you were not aware of them at the time of agreeing to work with him
Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?
I think you have answered everything, as you said it will be for the court to decide. Is there any further advice you can give me or any statements you think i should refer to make at the hearing?
the key is what was agreed at the outset, whether that has been delivered throughout the relationship, what made you terminate the contract, highlighting the seriousness and how it would have made the continued relationship impossible and opposing the reliance on any of the clauses you were issued with at a later date as these were not agreed at the start6
ok, thanks for you help
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