Hello my name is ***** ***** I am happy to help you today. What was the employees position within the practice?
The employee is the Office Supervisor. A middle ranking position, reporting into the Head of Operations who reports to the 4 owner partners.
How did they enter into the contract was it by phone or was the contract posted?
It was posted.
Ok have you seen the contract? Do you know whether the employee put this title on the contract?
Yes I have it in front of me now. Its headed "an order agreement".Yes the employee has written her job title on the agreement. And she has signed it to say she is authorised to act on behalf of the practice.
Ok well you need to write to the company and tell them that the employee does not have authority to enter into contracts on behalf of the practice and that you do not wish to enter into the contract. You should state that you do not want the magazines delivered and that if they attempt to enforce the contract you will defend on the basis that the employee did not have authority to enter a binding contract. They are likely to respond by saying that the contract is binding on the basis of 'apparent/ ostensible authority' given that the employee made out that they had authority to enter into the agreement on your behalf. It would strengthen your position if you are prepared to take disciplinary action against this employee for doing this as they really have overstepped the mark and put you in a difficult position.
Ultimately whether you are deemed to be bound by the contract is a matter of 'fact' for a court to decide if the company decide to take action against you in breach of contract.
The court will look at whether this employee has been allowed to enter into contracts on your behalf before.
They will be aware that some companies engage heavy handed tactics.
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 the best.
OK. Many thanks for your help and advice.