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?
I have signed and returned contracts for a further 9 lectures between now and January.
Is there a cancellation clause in the contracts?
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.
Are they likely to suffer a financial loss if you fail to deliver under the contracts?
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.
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.
Does the contract/ handbook say that you can be sued in the event that a replacement cannot be found?
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.
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.
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.
OK. That's great. Thank you.