unfair business contract terms
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  1. #11

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by MaKaVeLi View Post
    It is irrelevant what most contractors are in this forum... whether IT or sales, the Law is the same!
    And the advice is the same - you need a lawyer, not a contractor, to help you out here.

    We might offer you some sympathy or guesses, but we're not legally qualified, nor do we have full copies of your contract, etc.
    Seek legal advice from a specialist contract lawyer.
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  2. #12
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    Quote Originally Posted by MaKaVeLi View Post
    It is irrelevant what most contractors are in this forum... whether IT or sales, the Law is the same!
    Not really. Since folk tend not to be commission based and thus dont generally come across the issue.

    I am not a lawyer, but that clause does not look in any way unfair - in isolation. But that depends on how commission is structured. You could make a case that it is unfair because the company has received revenue but it is thin.

    I also think you need to consider the higher barriers that apply in a b2b contract. It is assumed that a business knows what it is doing.

    It will be difficult to test unfortunately. Either you need to agree something with them or sue them when they withhold from your payments. If they seek to recover from you refuse and let them sue you.

  3. #13

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    Quote Originally Posted by MaKaVeLi View Post
    My mistake was I signed this contract 6 months ago without going into details on the terms!!! Trying to come out of it without paying the claw-backs and need to backup myself in case they take me to court. I think the court could also be more compassionate to me since I'm a small self-employed individual and they are a big company which most likely has all sorts of insurances in place...
    I think the court will look at the reality that you didn't read the contract properly when signing it and ask why that happened. Then they will ask why you think it's unfair just because you don't like the clause. Then they will point out that you had the opportunity to negotiate the clause away because it's a B2B arrangement not an employer-employee one.

    And then you'll almost certainly lose.
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    Quote Originally Posted by TheFaQQer View Post
    I think the court will look at the reality that you didn't read the contract properly when signing it and ask why that happened. Then they will ask why you think it's unfair just because you don't like the clause. Then they will point out that you had the opportunity to negotiate the clause away because it's a B2B arrangement not an employer-employee one.

    And then you'll almost certainly lose.
    Isn't it true that in a B2B case you are assumed to have sought legal advice?

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    Quote Originally Posted by BrilloPad View Post
    Isn't it true that in a B2B case you are assumed to have sought legal advice?
    It's presumed that you have the opportunity to get the professional advice that you need. Whereas a B2C contract can try to be unfair, but those clauses may be struck out by a court because the consumer doesn't have the same chance to negotiate the terms.
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