Reply to: Renogotiating a contract after first couple of weeks.

[TheFaQQer]

My understanding is:

1. If you receive a signed contract from the other party and you start work then you are deemed to have tacitly accepted the contract even if you haven't signed it yourself.
2. You can't amend a contract that the other party has already signed, then sign it yourself and then return it (they have signed the original version, not the amended version).
3. If you received an unsigned contract, you may be able to amend it, sign it and then return it. The other party would then be deemed to have tacitly accepted the contract if they allow you to start work.

I am not a lawyer so I could be completely wrong. Probably the only real answer would be to consult a lawyer or take it to court to have a judge decide.

That's how I interpret it, too, based on some kind of vague recollection of contract law at uni.

[Wanderer]

If you are in negotiation which one is taken as the assumed contract? For example, if the agent sends you one and you amend it, send it back with say a substitution clause in that was missing and then you start which one is in effect? If the agent has recieved the contract and has not mailed you back refusing the addition can that one be the assumed one or is it always the one you are offered by the agent?

My understanding is:

1. If you receive a signed contract from the other party and you start work then you are deemed to have tacitly accepted the contract even if you haven't signed it yourself.
2. You can't amend a contract that the other party has already signed, then sign it yourself and then return it (they have signed the original version, not the amended version).
3. If you received an unsigned contract, you may be able to amend it, sign it and then return it. The other party would then be deemed to have tacitly accepted the contract if they allow you to start work.

I am not a lawyer so I could be completely wrong. Probably the only real answer would be to consult a lawyer or take it to court to have a judge decide.

[Spacecadet]

Yeah, but hair gel doesn't come cheap.

An agent volunteering to cut their rate when they don't need to doesn't seem believable to me.

Possibly the rate was so low that the agent realised it was unsustainable and they'd have a contractor walking mid contract to something better paid.

[TheFaQQer]

You sound surprised. There's a reason they're agents remember.

Yeah, but hair gel doesn't come cheap.

An agent volunteering to cut their rate when they don't need to doesn't seem believable to me.

[Bunk]

**** me your agent is stupid.

You sound surprised. There's a reason they're agents remember.

[TheFaQQer]

Well it did fly and I have a raise from the agent side just awaiting confirmation from the client side. Those who dont ask dont get.

Thanks again everyone.

**** me your agent is stupid.

[SueEllen]

It's the last one on the table, i.e. the last one submitted by either side prior to you starting work. Of course, proving the other side has seen your amended version may take a little work.

It helps to remember that Royal Mail and the Post Office are neutral parties so sending a letter "Signed For" or better to ensure that it's highly likely it would have got to the agent before you started the contract would seriously help your case.

[BolshieBastard]

Well it did fly and I have a raise from the agent side just awaiting confirmation from the client side. Those who dont ask dont get.

Thanks again everyone.

Hi Steve.

I hope Steve Weaver isnt your 'real' name as the agents who regularly read these boards may, having read this thread, mark you down as a complete and utter blert to be avoided!

Good luck for the future!

[steveweaver]

It is. Lots of nice theory and possible scenarios in hypothetical situations. What is possible and what will fly are two totally different things...

Little problem with your sitution though as it says....



Remember that little issue of you not having a contract?

Well it did fly and I have a raise from the agent side just awaiting confirmation from the client side. Those who dont ask dont get.

Thanks again everyone.

[malvolio]

If you are in negotiation which one is taken as the assumed contract? For example, if the agent sends you one and you amend it, send it back with say a substitution clause in that was missing and then you start which one is in effect? If the agent has recieved the contract and has not mailed you back refusing the addition can that one be the assumed one or is it always the one you are offered by the agent?

It's the last one on the table, i.e. the last one submitted by either side prior to you starting work. Of course, proving the other side has seen your amended version may take a little work.

[northernladuk]

Oh yes there was. Even if you hadn't seen it, the one they sent is the one they were using. You haven't amended it, so it still stands. You are deemed to have accepted those Ts&Cs by starting work and charging for it. Contract law is very clear on the subject of "assumed contractual condition" and what constitutes acceptance of impllied contracts.

Next time, don't start until you've signed. Hopefully, you now understand why that's important.

If you are in negotiation which one is taken as the assumed contract? For example, if the agent sends you one and you amend it, send it back with say a substitution clause in that was missing and then you start which one is in effect? If the agent has recieved the contract and has not mailed you back refusing the addition can that one be the assumed one or is it always the one you are offered by the agent?

[steveweaver]

Oh yes there was. Even if you hadn't seen it, the one they sent is the one they were using. You haven't amended it, so it still stands. You are deemed to have accepted those Ts&Cs by starting work and charging for it. Contract law is very clear on the subject of "assumed contractual condition" and what constitutes acceptance of impllied contracts.

Next time, don't start until you've signed. Hopefully, you now understand why that's important.

Hi all

The agent is coming to see me today to thrash things out. I will update you on what follows.

Thanks again everyone, very good advice.

[malvolio]

There was no contract the day I started period.

Please advise.

Oh yes there was. Even if you hadn't seen it, the one they sent is the one they were using. You haven't amended it, so it still stands. You are deemed to have accepted those Ts&Cs by starting work and charging for it. Contract law is very clear on the subject of "assumed contractual condition" and what constitutes acceptance of impllied contracts.

Next time, don't start until you've signed. Hopefully, you now understand why that's important.

[northernladuk]

Hi all

This was an interesting read.

It is. Lots of nice theory and possible scenarios in hypothetical situations. What is possible and what will fly are two totally different things...

Little problem with your sitution though as it says....

Check the contract
If the contractor can terminate the contract on notice, then he or she may have some negotiating strength in their position already. “The contractor can choose to look elsewhere for a contract,” says Sinclair, “on the basis that if a new contract is found, the contractor would then be able to exercise his/her right of termination”.

“If the contractor then finds another contract, they are in a strong position,” he continues. “They are able to ask the agent for an increase and, if refused, the contractor could give notice and move on to their new contract.”

Remember that little issue of you not having a contract?

[steveweaver]

Hi all

This was an interesting read. <snip>
[/URL]