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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have breached a warranty clause on a settlement/compromise

Customer Question

i have breached a warranty clause on a settlement/compromise agreement. I had signed a warranty that i was not aware of a pending job offer and previous employer has since discovered that this was not the case. Under the agreement i am obliged to return paid monies plus interest at the court rate plus reasonable expenses (so far two emails from employers lawyer).
The emails ask if i am in employement, had an offer etc and requesting that i provide my new employer details and relevant dates.
I accept that i have given a false warranty and will repay the money - i do not wish to divulge my new employer details, however. Am i obliged to do so? I want to reply without 'incriminating' myself whilst committing to repay payment plus interest and reasonable costs? Regards
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name i Alex and I will help you with this.
Does the agreement say you must disclose who the offer is FROM?
Customer: replied 1 year ago.
No - I don't believe there is.The clause in question isThe employee warrants that as the date of this agreement:The employee has not received nor accepted any offer, nor does he have any expectation of receiving any offer that will provide the employee with any form of income or benefits at any time after the termination date.I have breached this clause and will comply with return of monies, interest and reasonable costs but wish to do so without admitting liability. My previous employer has found out my new employer and is asking me to confirm offer and start dates.
Expert:  Ash replied 1 year ago.
Ok. You dont need to tell the employer. It is not in the agreement that you need to tell them when and who. The offer does not say that you have to do it, so you dont need to.
You can repay and that's it. They can't make you but it is not in the agreement that you must.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you Alex - can you suggest a couple of sentences for my reply? As stated I am in breach so looking for an 'elegant' way to repay (only had monies 7 days) without incurring unnecessary costs in respect of my previous employers legal costs.Eg something like - i refer to your email of dd.mm.yy - I am under no obligation to answer your questions. Without admission of liability I will be returning the monies paid to me on dd.mm.yy to include interest at the court rate of X x no of days. (As at 1st July 2015) - please advise bank details by return. If no response received by return I will post a cheque............
Regards
Expert:  Ash replied 1 year ago.
Thank you for your email of xxxxxx. You will note that under the contract dated xxxx without admission of liability I am returning your payment. You will note under the terms of the agreement I am not required to disclose who the employer is or the start date. Please advise bank details by return.
Alex
Customer: replied 1 year ago.
I will be required to pay other parties legal costs - this should be minimal. How do I ensure what I am charged is reasonable and accurate?
Expert:  Ash replied 1 year ago.
Because they should provide a breakdown.
Alex

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