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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please can you help. I am an Animal and Home carer.Some time

Resolved Question:

Please can you help.
I am an Animal and Home carer.Some time ago I was asked to look after a horse and dog while the owner was away on holiday.The demands of the client have increased and changed constantly and although I have tried to be as helpful as possible I now do not wish to do the job.The client has become increasingly disrespectful and says as she is paying me I have todo whatever she asks I recently contacted her and said that unfortunately I was not able to help her.She became very verbally aggressive and threatening.I felt quite intimidatedshe said that she would now not be able to go on holiday.I contacted her by txt and said I'd do the work.I really do not want to do this as I feel if anything were to go wrongthe consequences would be pretty awful for me. It is only a couple of days before she goes away.If she cancels her holiday can she sue me.
I do not like letting people down but feel that I just can't help this lady.Everything has been discussed verbally with no written contract or agreement .
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

So to clarify when was the last time you agreed to do this specific work?

Customer:

on Tuesday evening

Customer:

Hello are you still there

Ben Jones :

and what unreasonable demands are being made?

Customer:

constantly changing her mind about what she wants and disputing the amount she has to pay for the work.I have discovered that this woman is thoroughly unpleasant

Ben Jones :

ok thanks let me get my response ready please

Customer:

where is my answer

Ben Jones :

let me get my response ready please

Ben Jones :

Even in the absence of anything in writing there would be an implied contract in place, which would be legally binding on both parties. In its most basic state it would mean that you had agreed to undertake specific work for the other party and in turn they would have had to pay you. The more specific terms would be dictated by what was agreed between you, for example if you were employed to do any specific work you would only be expected to do that, rather than anything you are asked to. Just because you are being paid does not mean you can be expected to do anything that they require of you and there would be limits to this, mainly restricted to the tasks which you had agreed at the outset or over time and which you relied on to agree to take the job.


 


Therefore, if the employer has acted unreasonably by making you do work which was never part of the original agreement, you could argue that they have acted in breach of contract and they should either stick to what was actually agreed, or you would treat the whole contract as void. Similarly, if they have displayed unreasonable behaviour and you have lost the trust and confidence in the relationship, you could treat the contract as void as well.


 


As to the holiday, she would be expected to reduce her losses as much as possible and that would mean getting someone else to replace you. If she was initially the one in breach of contract, as explained above, then she cannot really pursue you for the losses from not being able to go away. After all it was her breach that terminated the contract and as such your subsequent reluctance to continue under its terms does not make you liable for such losses.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

I see you are trying to rate but can't do so, apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Good

Ben Jones :

Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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