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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a services contract with our Client. A clause in that

Customer Question

We have a services contract with our Client. A clause in that contract allows the Client to terminate the contract at their discretion. If the Client exercises their right to terminate at their discretion, they are required to pay an early termination fee. Client breached the contract and we terminated the contract because of Client's breach. Can Client avoid the early termination fee through their breach of contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Does the agreement allow for such a fee?
Customer: replied 1 year ago.
Yes, the agreement specifically allows the early termination fee.
Expert:  Ash replied 1 year ago.
Ok. Then yes you can charge it as the agreement allows
Can I clarify anything for you please?
Alex
Customer: replied 1 year ago.

Hi Alex. Thank you. I just want to be clear - in the contract, it says that the Client will pay an early termination fee if the Client terminates the contract at their discretion. The Client did not terminate at their discretion, but instead breached the contract forcing us to terminate. We can still charge the early termination fee? (I would think yes, but want to be sure).

Expert:  Ash replied 1 year ago.
Yes.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

Hi Alex,

I was wondering if it would be possible to obtain a legal memo that contains statues or case law that support your opinion? If so, approximately what would be the cost?

Brian

Expert:  Ash replied 1 year ago.
Contract law is common law and no Act's of parliament exist. If you wish to look to look at case law you can do this for free at: http://www.bailii.org/
Does that help?
Alex

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