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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Very Briefly. We are a small Thai handicraft company. During

Resolved Question:

Very Briefly. We are a small Thai handicraft company. During an exhibition of our products last year in London , for which we paid to have a stand ,one of our managers who has difficulty in reading and understanding English was asked to sign a document by a very insistent saleslady from the organizers of the exhibition. This document ,it turned out ,was a contract for the next exhibition and now they are demanding payment under this contract and we refused to participate in the next exhibition. .
Can you advise if this is legal? Our manager does not speak or write or read English well, he was assured by the sales person that this was just a reservation and he had no authority to sign anything in any case. They are now holding our company responsible for payment.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear are you based in Thailand or the U.K.
Customer: replied 1 year ago.
Hi Alex . We are based in Thailand but do occasional exhibitions of our products in UK. The organisers are UK based
and are now trying to collect through a Thai legal firm also. The address on the invoices were Thailand
Expert:  Ash replied 1 year ago.
What country is the jurisdiction on the terms and conditions contract you signed?
Customer: replied 1 year ago.
UK
Expert:  Ash replied 1 year ago.
To be clear it days the jurisdiction of this contract is England and Wales or words to that effect?
Customer: replied 1 year ago.
One moment please I will check again
Laws of England and Wales it says
Expert:  Ash replied 1 year ago.
Ok - in that case you dont need to worry. There is NOTHING that the lawyers in Thailand can do. This is breach of an agreement in the UK and as such any action to enforce it in Thailand can NOT be taken.There is no agreement between the UK and Thailand that says action can be taken - so it cant.Further this means they would have to take you to Court in the UK. Even if they did - so what?It would never stop you coming to the UK if you wanted to, it makes no difference of your ability to trade here in the UK.They would have a Judgment on paper that they could not enforce in Thailand.I would just ignore it. There is nothing they can do to you in Thailand.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Alex I am concerned about my partner ( our manager ) in future exhibitions being coerced to sign similar documents. Although told to sign by fast and smooth talking sales people. Is there some law that protects against such practices....?
Expert:  Ash replied 1 year ago.
Yes this is called the Consumer Rights Act 2015. The person signing must have a reasonable opportunity to read the contract,understand it and then sign it.If not this is a breach of the law. Further if the person wanting them to sign the contract makes representations which are false to get the person to sign it, this is called breach of contract by misrepresentation. That is the person is making representations which turn out to be false to induce someone else into signing.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you about this today please?Alex
Customer: replied 1 year ago.
Final question. If they do sue us and obtain judgement can we counter sue under the Consumer Rights Act ? And does the Consumer Rights Act apply to companies as well as individuals? ( He signed on behalf of the company)
Expert:  Ash replied 1 year ago.
Consumer Rights Act 2015 does not apply to a company, but the Sale and Supply of Goods and Services Act 1982 does. This covers something similar In any event you could sue for breach of contract by false representation under the Misrepresentation Act 1967.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
Yes thanks that will cover all....do we get a copy of this to our email?
Expert:  Ash replied 1 year ago.
Once you rate you can copy and paste the chat to save.Have a good weekend.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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