Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.
I am a little unclear on the above narrative; from the narrative, I understand that you advised the representative that you would think about it and be in touch but later on in the narrative there is a suggestion that you did in fact sign a contract and then email within a few minutes to advise you have changed your mind. Did you sign an agreement please?
thank you. I regret I am about to say what you probably expect which is that your colleague has left your business in a very vulnerable position. As you know from what you say is experience, there is very little protection in respect of business contracts in the same way as there is for consumer contracts and one should never sign anything as a business without having read all of the terms and taking one's time to do so is it is a good starting premise that you will be bound by the terms however unfair one reasonable those terms be. That is not entirely true as there are some restraints on unfair terms but they are relatively few and far between.
it is not clear to me from what you say what your colleague believed they were signing. If they have been told what they were signing was something other than the contract then there may be grounds for claiming rescission of the contract on grounds of mistake-that your colleague was operating under a mistake as regards ***** ***** being signed and the other party knew of this mistake and took advantage of it. Another basis, again depending upon what was said may be misrepresentation if the terms of the contract were misrepresented to you. However, it should not be underestimated that a challenge on these grounds would not be straightforward as being a business contract, the court would expect your business as a party to the contract to be relatively sophisticated and there would need to be a relatively well formed argument to justify why this document was signed. Arguments that may be accepted as a consumer would not typically be accepted under a business contract.
if you consider that you could form a well reasoned justification as regards ***** ***** contract was signed, this would need to be better I regret than "being unaware what he was signing as a business person is expected to be aware of what is signed in a business capacity" then you could claim recession on one of the above grounds and invite the company to issue proceedings if they consider they have a claim against you. If you would like me to consider what argument you may be able to use in this respect if you have anything further to add the justifications for signing the document I would be happy to give you my views to the likelihood of success in this respect as an argument in court