Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Is he trying to assert a contract with you?
If you had initially agreed to use his services and to get the works done, then it is likely that some form of contract would have been created where you were contractually bound to proceed with the works and he was bound to undertake them.
If you wanted to cancel the agreement, unless you had a formal cancellation clause or the trader’s consent to do so, you would have to rely on some sort of serious breach on their side. Not firming up the estimate on time will probably not qualify, but if there was a large difference between the original estimate and any subsequent ones, then you can always argue that the terms had changed substantially and as a result the original contract would no longer stand. Whilst giving them some work may take some of the pressure off them trying to blame you for this, you do not have to do this and if needed can just take the risk of complete cancellation due to the factors mentioned above. If the trader was able to resolve the costs issues so that it is borught in line with the original estimate then that would have given them a possibility to argue that the contract should still proceed, but large differences which cannot be resolved would have likely allowed you to cancel.
I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you
Contract law does require offer, acceptance and consideration but the issue is that consideration does not have to be money paid, it can be reliance on the acceptance, such as refusing other work to do this. So he could try and argue that consideration was given , in the form of direct reliance on the proposed works going ahead and acting accordingly. Hope this clarifies?
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks
Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks
Hello, thanks for getting in touch. We do ask that customers post any related follow up queries within 7 days of submitting their original question if they want it to be covered by the initial fee. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one fee. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks