Originally posted by Andy Hallett
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slightly different handcuff clause question
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I am not sure that you can have 'implied' acceptance - surely you must have evidence that the party you are contracting with knew what they were signing up to? If you can't evidence that then I would suggest the contract could not be binding -
Turning up for work that has been promised is implied acceptance of the T&C especially if the 'contract' has been 'struck' between corporate bodies. A contractor's limited company is usually deemed to be capable of seeking out professional advice and has only its self to blame if it is 'duped' through its own 'negligence'Originally posted by LisaContractorUmbrella View PostI am not sure that you can have 'implied' acceptance - surely you must have evidence that the party you are contracting with knew what they were signing up to? If you can't evidence that then I would suggest the contract could not be bindingLast edited by Taita; 25 March 2013, 17:20.Comment
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Just read the OP again. Technical point but I think there is no contract as the agency has refused to perform. However, there may be a contract between the agency and the end user which is enforceable regarding payment of a fee if a hiring occurs after the agency introduction. Probably based on ToB sent to the end user prior to servicing the vacancy.Comment
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Luckily we can evidence it thenOriginally posted by LisaContractorUmbrella View PostI am not sure that you can have 'implied' acceptance - surely you must have evidence that the party you are contracting with knew what they were signing up to? If you can't evidence that then I would suggest the contract could not be binding
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