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slightly different handcuff clause question

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    #41
    Originally posted by Andy Hallett View Post
    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.
    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
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      #42
      Originally posted by LisaContractorUmbrella View Post
      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'
      Last edited by Taita; 25 March 2013, 17:20.

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        #43
        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.

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          #44
          Originally posted by LisaContractorUmbrella View Post
          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
          Luckily we can evidence it then
          https://uk.linkedin.com/in/andyhallett

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