Falls at the first fence :
Many business deals are concluded on the basis that the parties have known each other for many years and trust each other to carry out their responsibilities to each other fairly and honestly.
......
One of the problems often encountered more prevalently with verbal agreements is that different participants in the negotiations may have different views of what was and what was not agreed, and disputes often become a battle of contradictory recollections with varying evidence in support.
Which is going to win the one man band contractor being stiffed or the Agent that failed to provide reasonable notice as a negotiating tactic?
I'd say the custom in these situations is to have a written contract underpinning the relationship therefore a verbal won't count.
If they are unlikely to pay if the contract isn't signed then no contract, how many agents / companies pay with no signed contract issued?
AIUI any contract requires agreement + requirement to pay(consideration), if the agent isn't going to pay without a written contract then a verbal one isn't a contract. - IMHO of course.
If they have issued a written renewal and you haven't responded no in a reasonable time say 7 days or provide work that will fall within it then it seems reasonable to believe you have accepted it. Which I assume is why agents leave the contract until the day your contract is due to expire.
Maybe the thing to do is when provided with a late night renewal is to respond by fax stating you will be having the contract reviewed by your advisors and agree to provide 7 days under the current agreement while its reviewed?
Also depends what you are asked :
Are you interested in a renewal? You answer yes. = no contract you just want to look at the possibility.
Will you renew at the current rate and conditions - You answer yes. = contract.
Obviously a very grey area and agents will have a different view.
IANAL.
Many business deals are concluded on the basis that the parties have known each other for many years and trust each other to carry out their responsibilities to each other fairly and honestly.
......
One of the problems often encountered more prevalently with verbal agreements is that different participants in the negotiations may have different views of what was and what was not agreed, and disputes often become a battle of contradictory recollections with varying evidence in support.
Which is going to win the one man band contractor being stiffed or the Agent that failed to provide reasonable notice as a negotiating tactic?
I'd say the custom in these situations is to have a written contract underpinning the relationship therefore a verbal won't count.
If they are unlikely to pay if the contract isn't signed then no contract, how many agents / companies pay with no signed contract issued?
AIUI any contract requires agreement + requirement to pay(consideration), if the agent isn't going to pay without a written contract then a verbal one isn't a contract. - IMHO of course.
If they have issued a written renewal and you haven't responded no in a reasonable time say 7 days or provide work that will fall within it then it seems reasonable to believe you have accepted it. Which I assume is why agents leave the contract until the day your contract is due to expire.
Maybe the thing to do is when provided with a late night renewal is to respond by fax stating you will be having the contract reviewed by your advisors and agree to provide 7 days under the current agreement while its reviewed?
Also depends what you are asked :
Are you interested in a renewal? You answer yes. = no contract you just want to look at the possibility.
Will you renew at the current rate and conditions - You answer yes. = contract.
Obviously a very grey area and agents will have a different view.
IANAL.
Comment