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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi, I am a visual art developer. I have a dispute about verbal

Resolved Question:

hi, I am a visual art developer. I have a dispute about verbal contract (first mistake...). A Gallery L'Artishe in Swanage has broken twice the deals. At present I have a collection of my artists exhibiting in her Gallery from last Saturday to 8th June 2014. She has received from me the equivalent of £300 exchange for a show I organize in London where she display many works. The exchange was I would have an exhibition in her gallery in May 2015. The contract stipulate that all artist should have insurance for any damage or loss of items, I'm afraid that happens with the frames of some of her work. She argue that the damage is enough for her to cancel the agreement of provide space in 2015. She has insurance but doesn't want to use it because of the premium will go up. The other issue is that this present exhibition DAW should be advertise in her gallery website and other forms of promotion. Primary in L'Artishe website, nothing has appear in this site since Friday until today. I been working free for DAW for months (since November 2013) promoting this event. They gave me a good discount for advertising my show in L'artishe, however I had to pay extra also two of my artists. L'Artishe has her publicity through me and DAW, for the cost of around £1100 apprx. The condition for all this benefir was to provide the space, publicity and not commission, which I am entitle for all those month of hard work and financial cost. Please what can I do? Beatriz Brooks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is there any emails or anything confirming the deal please?

Customer:

a few email with petition for advertise material for her website.

Customer:

also an email from me with the offer of increase the value of the works of art for x1.35 so she could get 35%

Alex Watts :

She doesn't dispute insurance requirement was discussed?

Customer:

yes, she does

Alex Watts :

She does dispute that insurance was a requirement?

Customer:

not she doesn't

Alex Watts :

Ok - thats good.

Alex Watts :

If she does not dispute the fact, then that is good.

Alex Watts :

Just because she does not want to claim is simply not enough to cancel the contract

Alex Watts :

Therefore on the basis of the damage/insurance is not enough to cancel the deal.

Customer:

what she is disputing now is the show in DAW she is going to take 35%

Alex Watts :

And that was always agreed?

Customer:

it was spoke but nor in writing. She receive the equivalent of aroun£1100 in advertise. All the work has been done by me

Alex Watts :

Ok - so you dispute the fact she is to take 35%?

Customer:

sorry, I never agreed in give her 35% commission

Alex Watts :

Ok.

Alex Watts :

Again in that case the burden would be on her to show 35% was agreed

Alex Watts :

If it was not agreed, then she can not claim it

Alex Watts :

Clearly the lesson here is make sure you have a contract or everything is in writing

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

yes I dispute her because she hasn't done anything apart of free space, she already in been advertise in more than 50000 brochure in a county even Dorset Art Weeks, the second county show in England

Alex Watts :

Indeed. But if it was not agreed then she can not claim it. She would have to try and take you to Court for the 35% and then have to show it was agreed.

Alex Watts :

Can I clarify anything else?

Customer:

i offer for her to put and extra value in the works as good will to settle the problem but she hasn't replay to my email. I don't know where I stand or what to do next

Alex Watts :

Yes.

Alex Watts :

She can't cancel, if she does you can sue for breach of contract and any losses flowing from that

Alex Watts :

Does that help?

Customer:

what are the probabilities of win the dispute?

Alex Watts :

I think you are in a stronger position that her

Customer:

could I get legal aid? My financial situation isn't good

Alex Watts :

Sadly not - the rules have changed and you would not get it for a contract dispute

Alex Watts :

But if any claim is £10,000 or less it would be a small claim anyway

Alex Watts :

Does that clarify matters?

Customer:

where do I take my case?

Alex Watts :

County Court - small claims

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

Does this answer the question for you?

Customer:

yes, is any other thing I need to know?

Alex Watts :

No, not at this stage

Alex Watts :

If I could invite you to rate my service before you go, if the system does not allow you, let me know

Alex Watts :

If you need more help click reply.

Customer:

could I contact you for more advise?

Alex Watts :

Of course.

Alex Watts :

You can start future questions for Alex W

Alex Watts :

Or bookmark my page

Customer:

ok, I shall gather all the information I can. Thank you very much

Alex Watts :

Great. Please remember to rate before you go and if the system doesn't let you - please let me know

Customer:

hi I try to rate you but the happy face isn't working

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Try now!

Thanks

Alex

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