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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I have entered into an agreement with a party which provides

Customer Question

If I have entered into an agreement with a party which provides a service, but at the end of the day, the party whom i have entered an agreement into relies on another party which they enter into an agreement with themselves to provide me the service.

Where, in occasions, their counter party, the party which I have no contact with have disturbed the normal operations of my service.

What could I do? As they say it's not their fault and they are only a "principal" delivering what the other party is delivering to them.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Could you explain your situation a little more please? What was the agreement regarding? When did you enter into it?
Customer: replied 4 years ago.
Foreign exchange brokerage services. But the broker relies on the banks they are in contract with to provide me with the prices and the service. What happened was that they claim the bank failed to give a market price hence they are not responsible.
Expert:  James Mather replied 4 years ago.

I know nothing about how this works so I will opt out for another expert.

Expert:  Ash replied 4 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

I see the expert had opted out. Do you have a contract with them? If so does it exclude this liability?

Customer: replied 4 years ago.

I have a contract with the broker but not with the banks. But if the broker advertises precision and direct market access but failed to give it cause of the bank's fault, what do I do? I do not believe there is an exclusion clauses which says if the banks are faulty, there would be an exclusion of X and Y.

Customer: replied 4 years ago.

19.1 A “Manifest Error” means a manifest or obvious misquote by us, or any Market, Liquidity Provider or
official price source on which we have relied in connection with any Transaction, having regard to the current
market conditions at the time an Order is placed as determined by us. When determining whether a situation
amounts to a Manifest Error, we may take into account any information in our possession, including
information concerning all relevant market conditions and any error in, or lack of clarity of, any information
source or announcement. We will, when making a determination as to whether a situation amounts to a
Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering
into, a corresponding financial commitment, contract or Transaction in reliance on an Order placed with us (or
that you have suffered or may suffer any loss) will not be taken into account by us in determining whether
there has been a Manifest Error.
19.2 In respect of any Manifest Error, we may (but will not be obliged to):
(a) amend the details of each affected Transaction to reflect what we in our sole and absolute discretion
consider to be the correct or fair terms of such Transaction absent such Manifest Error; or

(b) declare any or all affected Transactions void, in which case all such Transactions will be deemed not to have
been entered into.
19.3 We will not be liable to you for any loss (including any incidental, indirect or consequential loss) you or
any other person may suffer or incur as a result of or in connection with any Manifest Error (including any
Manifest Error by us) or our decision to maintain, amend or declare void any affected Transaction, except to
the extent that such Manifest Error resulted from our own wilful default or fraud, as determined by a
competent court in a final, non-appealable judgment.


This is what the agreement says

Expert:  Ash replied 4 years ago.
Ok. And what is it you want to achieve please?
Customer: replied 4 years ago.

The compensation between their wrong prices and the correct price.

Expert:  Ash replied 4 years ago.
How much does this work out to please?
Customer: replied 4 years ago.

around 40,000 USD

Expert:  Ash replied 4 years ago.
Are they saying this is a manifest error?

Customer: replied 4 years ago.


Expert:  Ash replied 4 years ago.
But it does not say that they are reliance on bank information?
Customer: replied 4 years ago.
Liquidity provide = banks.
Expert:  Ash replied 4 years ago.
You understand the risks of litigation?
Customer: replied 4 years ago.
What do you suggest me to do?
Expert:  Ash replied 4 years ago.
Yes but if you litigate you understand what risks may be involved?
Customer: replied 4 years ago.


Expert:  Ash replied 4 years ago.
Ok. In law they can try and exclude everything as they have done so here. However under section 13 of the sale and supply of goods and services act they must act with all reasonable skill and care. If they do not then they are in breach of contract. What you can do if you can justify that this loss is down to them then write and ask for this money within 14 days or say you will go to court. If they refuse then you can issue proceedings online at or by completing form N1 and taking it to your local county court.

The court will then use a claim and they will have a limited time to defend, if not then judgment can be entered. If they do defend it the court will set it down for directions, which is timetable of the case. At this stage I would get a solicitor given the value. However if you lose at court then you would have to also pay the legal costs of the other side. If you win then a judge can award you costs.

Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
Customer: replied 4 years ago.

Yes, how do you define whether reasonable skill and care was applied to the provision of the product, what is the definition to what passes the framework and what doesn't?

Expert:  Ash replied 4 years ago.
That would be a matter if fact for the court to decide what is and what is not. Alex

Customer: replied 4 years ago.

Ok from your experience, and I'll give you an analogy to what probably happened in my case.


So a client pays a watch website (Which they say they strive to get the best bargain) to purchase a limited edition watch for them at a maximum of 10 k, they were able to get the watch for him for 10k, however, he found another one online for 8k.


Is this a breach of the legislation?

Expert:  Ash replied 4 years ago.
No. This is a contractual matter. It is like having prices comparison for mars bars and finding one cheaper in asda.

Sorry. Alex

Customer: replied 4 years ago.

They said they would have 12 banks for pricing, but then they tell me in this case there was only one, what breach is this.

Expert:  Ash replied 4 years ago.
Breach of contract of the implied term.

Customer: replied 4 years ago.

and mis-advertisement too?

Expert:  Ash replied 4 years ago.
Probably not. Its an implied term that has been breached rather than a misrepresentation. Alex

Customer: replied 4 years ago.

I see, but this has to go through litigation and court proceedings?

Expert:  Ash replied 4 years ago.
Yes if they will not negotiate with you and settle. Alex

Customer: replied 4 years ago.

which legislations are applied to me, and where does it show a rejection of exception clauses?

Expert:  Ash replied 4 years ago.
This is contract law which is common law and therefore no legislation. Alex

Customer: replied 4 years ago.

but where is the reasonable care bit?

Expert:  Ash replied 4 years ago.

Section 13

If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.