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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have a franchise agreement with a large diving school; I

Customer Question

I have a franchise agreement with a large diving school; I pay them each week, they provide me a fully maintained car, as well as pupils to teach. When I took out the agreement, I made it clear that a Ford Fiesta would not be suitable as I get very bad back pain in one of these and can't use it for more than an hour or so a day - useless for what we do. I was assured I would not get one, adding that they were more expensive than the usual Vauxhall Corsa.
All has been well for 18 months, but now they have taken my Corsa and given me a Fiesta. I basically can not work. They now argue that the contract says they can give me any car they like. Does such a verbal 'promise' not form part of the contract/a contract term? Does what they say constitute a misrepresentation? Whether negligent or innocent does this entitle me to a remedy such as recession or damages?
If so, recession would be difficult as I can not give back the 'benefit' I have had from the contract for 18 months or so; so if damages are appropriate, would they have to pay me my usual earnings for the time I have not got a "non-Fiesta" car, on the basis that contract law seeks to put both parties in the position they would have been if the contact had been performed?
Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Your research is more or less spot on.
It was an implied term of your agreement that you would not be given a Ford Fiesta as you made it clear at the outset that you are unable to use such a vehicle.
The franchisor breached the agreement with you by replacing the Corsa with the Fiesta.
You may claim damages for breach of contract in the form of your lost earnings, however, if they refuse to pay you these, you would need to file a claim against them and seek judgement from the court.
The easiest way to make a claim for the lost money is online at www.moneyclaim.gov.uk
Hope this helps
Customer: replied 2 years ago.

Thanks,

The only thing that bothers me is that they could simply say they never made such a statement. What would happen then?

Expert:  UKSolicitorJA replied 2 years ago.
It would be your word against theirs in court then and the final decision would lie with the court if they do not agree to settle your claim.

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