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 JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

Are unfettered clauses in a contract unchallengeable in court?

This answer was rated:

Are unfettered clauses in a contract unchallengeable in court? Does there have to be a fair and reasonable argument underpinning the cause for cancellation?
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
We agreed a 7 day licence to sell Magazine subscriptions from a Kiosk in a Glasgow Mall. Due to a twitter storm by persons unknown accusing us of being a political protest group akin to UKiP or SDL the Mall asked us to leave. We explained that this was done with malicious intent as we were not a political party. They stated clause 10 - an unfettered clause that allowed them to cancel the licence at any time without cause.My question therefore was - If we took them to court over contract cancellation due to outside influences, would this unfettered clause stand without any fair and reasonable explanation
The Mall has signed you up to a short term contract with a provision that they can terminate at any time without reason. This is not challengeable as it is a contract that you agreed to.
Customer: replied 2 years ago.
So, just to be clear, the 'without cause' cannot be challenged even though the reasons given were false and of malicious intent?
That's correct. Whatever the reason is not relevant as they can just ask you to leave. That is what you signed up to.
JGM and other Scots Law Specialists are ready to help you