accepting contracts

[BlasterBates]

if you accepted say today or yesterday, it shouldn't be a problem. The agent will make a song and dance, but the point is the client can just offer it to the other candidates. The main thing is not to p*** off the client. But do it now, don't wait, while the other candidates are still "warm".

[TheFaQQer]

has anyone had any experience of accepting a contract verbally and then taking a contract elsewhere?

What's the norm, are there any legal implications, are you tied to the first verbally accepted contract?

There are three key things in whether a contract has been made.

Offer - which seems clear. The agency offered a contract.

Acceptance - which seems clear (you accepted the contract), although might be hard for anyone to prove one way or another.

Consideration - which is the grey area. Consideration can be anything of value (such as an item or service), which each party to a legally-binding contract must agree to exchange if the contract is to be valid. So, if there was an agreement to supply services for a given fee, then there would be consideration on both parties, making it a contract.

Some would argue that there was no consideration (particularly if you have not worked for the agent before, and / or you have not seen any written contract which details the terms of engagement). If you have seen the contract, or have worked through the agency before, or have a series of emails (for example) that highlights the main points of the contract, then I would think that you have a contract that you should stick to.

[JoJoGabor]

if you accepted say today or yesterday, it shouldn't be a problem. The agent will make a song and dance, but the point is the client can just offer it to the other candidates. The main thing is not to p*** off the client. But do it now, don't wait, while the other candidates are still "warm".

I did this a few years ago. Agent was p!ssed off but OK after having a go at me. I didnt like doing it but the money was a lot more so I had to look after numero uno - me!

[norrahe]

just looking at the options

been on the bench since last june, interview (2nd) tomorrow and possible client decision tomorrow (year long contract in Europe)

been put forward for other options which pay more, though are shorter contracts with extension possibilities (and are in the uk). Don't have interviews as yet....

[TheFaQQer]

just looking at the options

been on the bench since last june, interview (2nd) tomorrow and possible client decision tomorrow (year long contract in Europe)

been put forward for other options which pay more, though are shorter contracts with extension possibilities (and are in the uk). Don't have interviews as yet....

I accept verbally "subject to an agreed, signed contract". And keep looking until that arrives.

It may be that you get none, one or all of these options, so you need to think about what you want. Also, how would you feel if the boot was on the other foot and the agency (having verbally offered you a contract) turned round and said "oh, we've found someone cheaper..."

If I had been on the bench for so long, I would take the first one that came along, to be honest - but only subject to a signed, written contract, which gives you some leeway, and also might chivvy the agent along to get the paperwork sorted.

[norrahe]

It may be that you get none, one or all of these options, so you need to think about what you want. Also, how would you feel if the boot was on the other foot and the agency (having verbally offered you a contract) turned round and said "oh, we've found someone cheaper..."

that's why I'm on the bench, had verbally agreed summat (client co drawing up contracts), back in september and the clientco canned the role, found out they'd gone and got someone cheaper.... (and i wasn't even that expensive)

i think i'll wait and see what happens tomorrow.........

though the agency hasn't been much help as they have been very hands off, which is slighly worrying

my regular agencies are really good when it comes to interviews and give you all the info and tips you need.

[tim123]

Consideration - which is the grey area. Consideration can be anything of value (such as an item or service), which each party to a legally-binding contract must agree to exchange if the contract is to be valid. So, if there was an agreement to supply services for a given fee, then there would be consideration on both parties, making it a contract.

Some would argue that there was no consideration (particularly if you have not worked for the agent before, and / or you have not seen any written contract which details the terms of engagement). If you have seen the contract, or have worked through the agency before, or have a series of emails (for example) that highlights the main points of the contract, then I would think that you have a contract that you should stick to.

You have a slightly weak unserstanding of the contact process.

There must be consideration for the contract to exist, but it forms no part of the acceptance process.

There is consideration in this contract: the consultant will perform work, for which he will be paid.

The fact that the rate of pay has not been negotiated does not matter. As one judge ruled, "for a contract to exist, the consideration must exist, it does not need to be sufficient". FWIW this is the basis upon which people sell substantial things that they want to be rid of, for 1 pound.

tim

[Jubber]

I accept verbally "subject to an agreed, signed contract". And keep looking until that arrives.

Exactly

that's why I'm on the bench, had verbally agreed summat (client co drawing up contracts), back in september and the clientco canned the role, found out they'd gone and got someone cheaper.... (and i wasn't even that expensive)

Exactly

Stick to your guns with the agents. They will often sound distraught and betrayed on the phone if you question the process they want to impose. Brush it off and insist on 'subject to contract'.

[Scotchpie]

I always thought that in England until a contract was signed, sealed and delivered, a verbal agreement cannot be enforced. Either side can still change their mind.

Someone's already used the illustration of a house. If you agree to buy a house, until the contract is signed, you are still free to walk away at anytime, as is the seller (they can decide to keep the house). That's the reason so many chains get broken. Someone agrees verbally that they will buy the house and then walk away for whatever reason. In Scotland as soon as you verbally agree to buy, that agreement is binding and if you decide otherwise then the present owner can sue, or you can sue the owner if they decide to stay put.

I've always assumed the same was true for business contracts. Granted it won't earn you any brownie points with the agent but until it's all signed and sealed then you have to think about yourself.

That being said, delaying in telling the client/agent while you wait for something better to come on the scene is a little low.

[Lockhouse]

I always accept "subject to contract" - like buying a house.

WHS _ You need to get it IR35 checked and all sorts so how can you commit to it?