How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

In the case of a signed agreement between two corporate

Resolved Question:

In the case of a signed agreement between two corporate entities for one to provide consulting services to the other; and with the terms to vacate the agreement stipulated as applying equally to both parties but, the company receiving the services does not vacate the agreement by means of the terms required described in the agreement(specifically 30 days written notice delivered by any one of a number of methods).
No written notice has been provided by either party vacating the agreement. The individual was receiving Group Plan insurance coverage that expired without notice of the intent to vacate the agreement the individual was not notified further insurance would not be provided. The individual passed away 30 days after the coverage expired.
Is it likely there is potential to sue the Oil company for their failure to vacate the agreement appropriately and subsequently seek the money stipulated in the various insurance cover?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.
I dont quite understand, you say its a contract to provide consultancy but on the other its to do with insurance not being provided.

I do not follow?
Alex

Customer: replied 11 months ago.
Well, the insurance was denied because the company claimed the consultant moved on but he did not and there was no written notice given vacating the agreement.
Expert:  Ash replied 11 months ago.

But what has insurance got to do with anything? This was for consulting?

Customer: replied 11 months ago.
Please disregard the reference to insurance. I read the disclaimer after payment details were completed and so could not edit the question to remove the extended context.Are you able to respond with respect to the aspect of the question relating to the agreement requirement process for either party to vacate not being satisfied and for the company hiring the consultant entering into an agreement with another company to provide the services claiming the individual had moved and washing their hands of the matter. If no written notice is given by either party and yet one party views the agreement as having come to an end without satisfying the terms to vacate. Is this actionable?
Customer: replied 11 months ago.
Sorry, should read "claiming the individual had moved on... "The services were provided by an individual but the agreement was between two companies; not between a company and the individual.
Expert:  Ash replied 11 months ago.

Yes. It was an express term that 30 days notice to be delivered.

If this was not done then potentially its actionable yes. This could be breach of contract.

The terms said 30 days, this was not complied with.

Unless it was a specific term that the services would be provided by this named individual then it makes no difference.

Notice was required, it was not given in accordance with the contract.

Can I clarify anything for you about this today please?
Alex

Ash and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
I appreciate the quality of service. However, having read the disclaimer and limitation of service, I am at a loss as to how to proceed.
We have been trying to find a lawyer to help us. So far we have had lawyers in Costa Rica (where my sister lives renewing her Temporary Visitor status quarterly and where her husband died while away from work assignment) and Canada both their country of residence. Unfortunately, after considerable passage of time both felt they would not be able to help due to issues with jurisdiction. The defendant in the suit is a Yemen based subsidiary of a Norwegian Oil Company(as of June this year the parent company merged with another company forming a newly named company). The agreement is construed in English Law but there is no mention of which Court will hear disputes. This agreement was signed in 2006 a preceding agreement stipulated disputes would be heard by an English Court; so we are looking to approach firms in the UK. From our experience, we are aware the question of jurisdiction must be addressed. We would like to find a firm to discuss our options but are not having much luck.
Is it possible for us to access a specialist barrister directly to obtain a legal opinion with respect to jurisdiction? If so, is it advisable to do so; or best to have a lawyer prepare and submit instruction to a specialist?
Is there a singularly productive way to approach firms? Dozens of email inquiries have resulted in only two replies one of which politely declined due to workload. The other required 7000 pounds just to instruct a specialist barrister in determining jurisdiction, obtain the legal opinion with respect to jurisdiction, advise us how to proceed and that is all. So essentially we are told it will cost 7000 pounds to find out if we might have a case. The foundation of the remedies we would be seeking is the signed agreement construed in English Law between two companies and the services they assumed responsibility for with respect to insurance cover.
So, I do have questions but am at a loss as to what can reasonably be offered here.
Customer: replied 11 months ago.
I appreciate the quality of service. However, having read the disclaimer and limitation of service, I am at a loss as to how to proceed.
We have been trying to find a lawyer to help us. So far we have had lawyers in Costa Rica (where my sister lives renewing her Temporary Visitor status quarterly and where her husband died while away from work assignment) and Canada (both their country of citizenship). Unfortunately, after considerable passage of time both felt they would not be able to help due to issues with jurisdiction. The defendant in the suit is a Yemen based subsidiary of a Norwegian Oil Company (as of June this year the parent company merged with another company forming a newly named company). The agreement is construed in English Law but there is no mention of which Court will hear disputes. This agreement was signed in 2006. A preceding agreement stipulated disputes would be heard by an English Court; so we are looking to approach firms in the UK. From our experience, we are aware the question of jurisdiction must be addressed. We would like to find a firm to discuss our options but are not having much luck.
Is it possible for us to access a specialist barrister directly to obtain a legal opinion with respect to jurisdiction? If so, is it advisable to do so; or best to have a lawyer prepare and submit instruction to a specialist?
Is there a singularly productive way to approach firms? Dozens of email inquiries have resulted in only two replies one of which politely declined due to workload. The other required 7000 pounds just to instruct a specialist barrister in determining jurisdiction, obtain the legal opinion with respect to jurisdiction, advise us how to proceed and that is all. So essentially we are told it will cost 7000 pounds to find out if we might have a case. The foundation of the remedies we would be seeking is the signed agreement construed in English Law between two companies and the services they assumed responsibility for with respect to insurance cover.
So, I do have questions but am at a loss as to what can reasonably be offered here.
Customer: replied 11 months ago.
I apologize for the duplicate post. The message box did not close until the page was refreshed.

Related Law Questions