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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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If there is a tort of negligence when appointing a contractor

Customer Question

If there is a tort of negligence when appointing a contractor is the contract still legally binding.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Has the contract been signed?
What exactly happened while the contractor was being appointed?
Kind regards
AJ
Customer: replied 2 years ago.

The local authority licenses the operators, then appoints them as contractors to administer social service contracts. the authority fails to establish if the contractor is a fit and proper organization before issuing a license to operate, then fails to establish if a fit and proper organization for a service contract . the authority then absolves itself of any wrong doing to the independent contractors who execute the contract saying they have no vicarious liability to the drivers used by the contractors.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You want to sue the Local Authority for negligence, is that right?
Alex
Customer: replied 2 years ago.

i want to sue for breach of contract as they issued the license to a unfit operator, it is the local authorities work i was doing and removed without due notice or process, no terms and conditions are available from any one in the industry the authority issue a license without evidencing if the licensee would be fit and proper organization,

Expert:  Ash replied 2 years ago.
How has your contract been breached?
Customer: replied 2 years ago.

i was issued with the contract for myself and vehicle to complete the contract for a specific duration, this duration was cut short because the contractor for no reason replaced me with a cash in hand driver.

Expert:  Ash replied 2 years ago.
Ok, so you have been replaced, does the contract have a termination clause?
Customer: replied 2 years ago.

the operator is running an agency, no written terms and conditions, only their was a job presation, an obligee the council and a obligor me doing the job does this mean that there is a venicul jaris

Expert:  Ash replied 2 years ago.
The Council - has it been put to tender and the contractor won?
You lost the contract as a result?
Is that right?
Customer: replied 2 years ago.

the council issue the license to taxi company, the only evidence requested to prove he was a fit and proper licensee was his name and address, they never even requested national insurance no. we the licensed drivers have to work with these people by law if we don't have an operators license you have to have an operators license to tender for contracts but we the drivers fulfill the contracts and pay the operator a commission the contracts in question are for adult social service and there is a duration expected from the drivers. the contractor won't give terms and conditions as an agent conducting a contract of service, he sacked me with 3 days notice, no reason just so he could do the contract himself with a cash in hand driver. the council are saying that the operator is not an agent he is a contractor so absolving them of any vicarious liability i am saying that there was a tort of negligence when issuing the license to him in the first place as the council failed to ensure he was a fit and proper license/contractor so do i have a claim on the grounds of the councils negligence.

Expert:  Ash replied 2 years ago.
What does your contract say about termination?
Customer: replied 2 years ago.

there is nothing in writing only the transport requests which give a dated duration.

Expert:  Ash replied 2 years ago.
What does the policy of the council say about checking people to be fit and proper?
Customer: replied 2 years ago.

i don't know surly there is a duty of care when issuing a license to an organization that will be responsible for other staff and the transporting of the public some of which would be the most vulnerable in our society