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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 17652
Experience:  Solicitor
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I was a driving instructor with Red driving school the job

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Hi I was a driving instructor with Red driving school the job was going well until the covid hit and was told by them to stop teaching. The problem is that my car I was using was leased and I had to let it go as I couldn't get any financial help due to me only been self employed since August 2019, I've had to seek work else where but they want me to pay £3600 to buy out of the contract as it runs till February 2021 they have added the 12 weeks when we were locked down which totals £900. Last week I received my letter from the GRC telling me my licence to teach was refused and dismissed. Thanks Adam

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 8 days ago.
I want to know if the contract is still out standing or could it be terminated due to unforseen circumstances, are they in the write to demand payment for the 12 weeks we were locked down

Does it have a force majeure clause in it?

Customer: replied 8 days ago.
Not sure would it be written a certain way in the contract

It would say exactly that - force majeure

Customer: replied 8 days ago.
No I've not seen that anywhere

Ah ok. Its bad news then I am afraid.

Unless it has a force majeure clause technically you are liable.

That clause would say where there is an act which is outside of the control of both of you, the contract would be suspended.

But if it doesn't have such a clause, that is a problem. It means you cant rely on it.

You could try and argue the contract is frustrated, that is not capable of being carried out.

But without a force majeure clause its not as strong.

But sadly that is your only argument.

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

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

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