Breach of Agreement or not?

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Wanderer replied

13 April 2011, 08:18
Originally posted by SueEllen View Post

As the client paid you and if they paid you within the terms of the contract then either side could go to court and argue that a contract existed even though they didn't sign it. Either of you can also argue that due to payments being made the contract terms where also agreed and the agreement was per the last contract on offer i.e. the one you returned with your signature.

That seems to be the consensus here. If you get a contract offered and you start work, then both sides are bound by the contract even it's not signed it because they have indicated by their actions that they have accepted the terms.

Of course unscrupulous agencies will try and routinely do this in order to give themselves some wriggle room if things go wrong.
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SueEllen replied

12 April 2011, 12:40
In England there is more than one way of showing that you agree a contract* so it doesn't need to be in writing.

As the client paid you and if they paid you within the terms of the contract then either side could go to court and argue that a contract existed even though they didn't sign it. Either of you can also argue that due to payments being made the contract terms where also agreed and the agreement was per the last contract on offer i.e. the one you returned with your signature.

While I would tell you to be ethical and do your 30 day notice period, if the client is an agency I suggest you turn around and say you are not doing it because they refused to return a sign contract. Some agencies have the habit of refusing to sign contracts as they think that if they don't they aren't bound by the contract terms. If they indicate to you verbally that's the reason why they haven't returned the signed contract then make sure you send them an email stating what they stated with times and dates etc.

If they aren't an agency then just do your notice period. There is no point in burning bridges as you can get more work from them.

*There are exceptions like house buying.
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leonj started a topic Breach of Agreement or not?

12 April 2011, 10:26
Breach of Agreement or not?

Hi I'm a newbie to this forum but I would like your opinion:

I've on several occasions requested a signed copy of contract from my previous client to no joy and as a result I have gone out and found a new contract (signed). Legally I'm obliged to give them a 30-day notice period despite the fact I have no signed contract?
PS: My client always paid me on agreed rates even though no signed contract was given.
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