slightly different handcuff clause question

[Andy Hallett]

Would you be willing to tell us about the cases that you lost?

I am sure that would come out in the Q&A!

[Darksider]

How can the agency tie the client to the contract, when the agency haven't signed the contract?

From my understanding -

Quite a few agencies now have it written within contracts between them and the client that any contractor put forward (just by sending a CV) is deemed as the 'introduction'. They can then say that they are entitled to a %.

However, this would mean that the client and the agency would have had to have signed this agreement. If the client has no agreement in place with the agency, then the agent hasn't got any foot to stand on (unless contractor and agency sign a similar 'introduction' agreement).

[Andy Hallett]

From my understanding -

Quite a few agencies now have it written within contracts between them and the client that any contractor put forward (just by sending a CV) is deemed as the 'introduction'. They can then say that they are entitled to a %.

However, this would mean that the client and the agency would have had to have signed this agreement. If the client has no agreement in place with the agency, then the agent hasn't got any foot to stand on (unless contractor and agency sign a similar 'introduction' agreement).

Incorrect

[LisaContractorUmbrella]

Incorrect

Are you saying that the description of the process is wrong Andy or that there doesn't need to be signed contracts for an agreement to be in place?

[Andy Hallett]

Are you saying that the description of the process is wrong Andy or that there doesn't need to be signed contracts for an agreement to be in place?

There doesn't need to be signed contracts for an agreement to be in place.

[LisaContractorUmbrella]

There doesn't need to be signed contracts for an agreement to be in place.

I agree that there can be an implied contract, as occurs regularly within employment law or there can be a verbal contract but I can't see how a contract of either type could be used in the circumstances described in this thread. You refer to 'pre incorporation terms' which become binding once the client requests information - pre incorporation usually refers to arrangements made between a group of persons who will later incorporate as a company - I understand the intention in this case but such terms could only become legally binding if the end client agreed to them and indicated their agreement formally surely?

[SueEllen]

There doesn't need to be signed contracts for an agreement to be in place.

If you do all of your confirmations of contracts with documents including emails then you are going to have a hard time arguing a binding verbal agreement was made.

Even if you recorded it the fact that you put things in writing 99% of the time is enough to throw doubt on the conversation.

[Ninja1980]

Anyone got the name of the agency?

[Andy Hallett]

If you do all of your confirmations of contracts with documents including emails then you are going to have a hard time arguing a binding verbal agreement was made.

Even if you recorded it the fact that you put things in writing 99% of the time is enough to throw doubt on the conversation.

We don't argue a verbal agreement was made. We have terms that become binding on 'acceptance' of an introduction.

[Andy Hallett]

I agree that there can be an implied contract, as occurs regularly within employment law or there can be a verbal contract but I can't see how a contract of either type could be used in the circumstances described in this thread. You refer to 'pre incorporation terms' which become binding once the client requests information - pre incorporation usually refers to arrangements made between a group of persons who will later incorporate as a company - I understand the intention in this case but such terms could only become legally binding if the end client agreed to them and indicated their agreement formally surely?

The terminology relates to the incorporation of a contract, nothing to do with companies!

A contract becomes binding once there is an offer and a subsequent acceptance. In law, this acceptance can be signed, verbal or implied.