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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hi. I provide freelance lecturing services for a training

Resolved Question:

Hi. I provide freelance lecturing services for a training company. For each lecture I sign a separate contract agreeing price, venue, date and so forth. Unfortunately the company is a bad payer - one invoice took 6 months after the due date to be settled. Am I able to now cancel all future contracted work until they have settled their debt to me?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Have you already entered into contracts in respect of these dates or are they just in the diary?

Customer:

I have signed and returned contracts for a further 9 lectures between now and January.

taratill :

Is there a cancellation clause in the contracts?

Customer:

They are entitled to cancel the course should it not reach the minimum number of delegates. Also, in the training handbook supplied by the firm, I am required to contact them asap if for any reason I cannot attend the lecture.

taratill :

Are they likely to suffer a financial loss if you fail to deliver under the contracts?

Customer:

I guess they might should the lecture need to be cancelled but they have a pool of trainers. We often receive round robins asking if someone can step in at short notice.

Customer:

The wording of the manual is:

If you are unable to deliver a course it is your responsibility to notify us as soon as possible so
we can try to assign a replacement (this applies to any situations out of office hours/weekends).
Important! Please ensure that your cancellation is acknowledged by a member of staff.

taratill :

Does the contract/ handbook say that you can be sued in the event that a replacement cannot be found?

Customer:

No.

taratill :

Ok the only potential risk would be a claim in breach of contract for losses suffered if they have to cancel an event. As the contract / handbook do not tell you that this is a possibility and just tell you that you need to cancel asap I think that you can defend such a claim on the basis that there is a lack of clarity on the situation. Obvioulsy this might lead to a breakdown in your relationship with them so you might want to bear this in mind.

taratill :

You can also take them to court if they are late paying your invoices. You need to send them a letter before action first and then you can raise a claim in the county court. Your letter before action should be explicit that if they do not pay within 14 days you will sue.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all thebest.

Customer:

OK. That's great. Thank you.

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