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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi There I have a contract with a GP which enabled me to

Resolved Question:

Hi There

I have a contract with a GP which enabled me to use them to review patient cases for my pharmacy. Its a 12 month contract. Its not a contract of employment, rather a service contract. In that contract it does not make any commitment to the number of cases would be offered to them. The contract does say we will pay them a certain amount per case they review. In the first few weeks we offered them about 10 cases a day, but then after a quality review we decided that the advice they were giving was not medically great, so I have stopped offering them cases.

The GP is now threatening to sue us because we are no longer offering them any further patient cases to review. They say because we gave 10 a day at the start they have a right to that for the whole contract.

Do they have grounds to take action against me?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

This does depend on the contract terms. If there is something in the contract saying that there is no committment or obligation to provide referrals, then their position would be wrong.

Customer:

Well the contract does not say anything about any level of referrals that would be offered - it just says what would be paid. No where in there does it say we will give 1, 10 or 100 referrals.....

tdlawyer :

OKay. And the right to terminate - do you have one before the 12 month term?

Customer:

Yes we do, we could give 3 months notice, or I can terminate immediately if they are "negligent in the performance of the services described herein" . Part of the service is that they need to comply with our rules and procedures, which were sent and agreed. They have not done that. However, I have not formally terminated - just have not sent them any more cases......

tdlawyer :

OKay, then you need really to formally terminate if you have the right to do that.

tdlawyer :

Or ....

tdlawyer :

If you don't terminate, you might have an argument to say there is no minimum amount you have to refer, and hence, you've done nothing wrong.

tdlawyer :

If there is no committment, then you're not liable for not delivering.

tdlawyer :

The issue of how much you're liable for can only arise when you're in breach of agreement.

Customer:

I think its the later really. Prior to signing the contract there was some email discussion of the likely level of business, but this was not put in the contract that was signed after and in teh contract we agreed that:

Customer:

  • This Agreement and the documents referred to in it constitute the whole and only Agreement between the parties relating to the subject matter of this Agreement.


 



  • This Agreement may only be varied in writing signed by each of P2U and HW.

Customer:

so I dont think they can claim the email was part of the contract can they?

tdlawyer :

Yes, I think you're right about this. The agreement is it - the initial representations as to likely business are irrelevant when you have an entire agreement clause like this.

Customer:

Thanks, XXXXX XXXXX confirmed what I thought.

Customer:

Many thanks

tdlawyer :

Thank you. XXXXX ask whether you're happy with the service today please?

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