Contract Breach

[dx4100]

Offering to settle is admitting fault

What a load of carp...

You ever heard of an Offer Without Prejudice...

[Wanderer]

What a load of carp... You ever heard of an Offer Without Prejudice...

Ok calm down. You suggested offering to settle, someone who is not familiar with the process could easily omit the "without prejudice" part which is very important.

However, I still don't see that there is anything to "settle" as the damages claimed are completely bogus. I'll say it again - the agency are trying it on by claiming an outlandish amount of money in the hope that the other party will offer to settle and they will be quids in. It's the same principle as these "PCN" notices from private car parks trying to extort money out of people. Either stand up to them or ignore them and they will go away.

[AussieDigger]

I'm happy to be corrected but I'm not sure the agent's claim would be regarded as a penalty. Rather this may (depending on the detail) be regarded as leading to legitimate damages and damages are often enforceable depending on the circumstances. That said, tactically, invoicing for the two days might be the right thing to do in conjunction with some other actions. As ever, this is not legal advice and please don't rely on it.

Only a court can determine damages and to do that the plaintiff first has to demonstrate breach of contract and that damages are entitled and applicable. It can't be pre-determined in a contract beforehand because its unenforcable.

I'd ignore them, its bluff.

If anything, suggest to them that you're happy to mediate the matter through an arbitrator etc..