Agenct's Negligence

[JamJarST]

The agent failed to comprehend the contract sent to them by the client on 8th November. You failed to comprehend my opening post of 16th December.

I have been very clear on this matter.



RTFM.

And so you got on a plane and waltzed into an office unannounced for a mere £475 per day contract???

[d000hg]

RTFM.

Do you know what that acronym means? I don't see any M.

[darrenb]

Good luck to the OP. About time somebody gave the goons a good scare.

Outside IT nobody would put up with this nonsense.

[Shivers]

Think you may have had a lucky escape; just watching a bit of news on Aljazeera and apparently bird flu has returned to Hong Kong.



I'd drop the case...

[eek]

Think you may have had a lucky escape; just watching a bit of news on Aljazeera and apparently bird flu has returned to Hong Kong.



I'd drop the case...

Are you sure its bird flu Scientist who created deliberately created 'Armageddon' bird flu virus in lab says he will not publish details | Mail Online

[Shivers]

Bird flu bug hits HK chicken trade | Video | Reuters.com

[Taita]

Further update: the agency's MD has just emailed me saying that "Regrettably we were defeated by time."

To quote Wikipedia on Implied Covenant and Good Faith:

"In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in every contract in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform their contractual obligations, despite the general circumstances and understandings between the parties."

It seems to me that a contract was talked about but not struck as no consideration had passed over or was to pass over (no start date).

[factgasm]

It seems to me that a contract was talked about but not struck as no consideration had passed over or was to pass over (no start date).

What actually applies here the is http://en.wikipedia.org/wiki/Law_of_agency

[NotAllThere]

The agent is, thus, required to negotiate on behalf of the principal or bring him and third parties into contractual relationship.

With IT contracting, you contract to the agency, he contracts to the client. You are not bought into a contractual relationship with the client, so the law doesn't apply.

[Ignis Fatuus]

With IT contracting, you contract to the agency, he contracts to the client. You are not bought into a contractual relationship with the client, so the law doesn't apply.

Technically the agency is not an agent, it is a contractor, and your Ltd Co is a subcontractor.