Contract termination clauses

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Hex replied

1 June 2011, 09:55
If there's no Mutuality of Obligation then just let the contract run to its end but don't turn up to do any work!
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Old Greg replied

1 June 2011, 08:38
Originally posted by Wanderer View Post

Thus proving that there is no realistic right of substitution.... Oops, I hope the OP isn't outside IR35 then...

Sure, but the right wasn't real anyway. The instant termination of the contract following the attempt to enforce Right of Substitution will demonstrate lack of Mutuality of Obligation. Or something like that.

Seriously, if the OP really wants to get out and doesn't want to breach the contract, then is there any reason not to sub it out to a substitute.
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Wanderer replied

1 June 2011, 07:39
Originally posted by Old Greg View Post

Do you have a Right of Substitution? If so, invoke it. Chances are, they'll be cross and then terminate your contract.

Thus proving that there is no realistic right of substitution.... Oops, I hope the OP isn't outside IR35 then...
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Old Greg replied

31 May 2011, 13:33
Originally posted by 100notout View Post

......Mmmmmmm, remiss of me not to have disputed that Clause at outset. Fact is, I want to give notice. If they play hard-ball, my thinking is that they'd have a hard job of precluding notice from me and if they did, damages would merely be potential income lost between last day and contractual end?!

Do you have a Right of Substitution? If so, invoke it. Chances are, they'll be cross and then terminate your contract.
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100notout replied

31 May 2011, 11:49
If in breach then....

Originally posted by PSK View Post

Based on what you've said, I would say -

1) Probably no or else they wouldn't have specified 'the company'.
2) If the contract is silent on the contractor having the right to give no fault termination then probably yes.
3) Yes, a business contract wouldn't have to include no fault termination provision. There's case law around other situations where one or both parties can end a contract but both parties can agree contracts where both, one or neither party can walk away without being in breach of the contract.

......Mmmmmmm, remiss of me not to have disputed that Clause at outset. Fact is, I want to give notice. If they play hard-ball, my thinking is that they'd have a hard job of precluding notice from me and if they did, damages would merely be potential income lost between last day and contractual end?!
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PSK replied

29 May 2011, 09:41
Based on what you've said, I would say -

1) Probably no or else they wouldn't have specified 'the company'.
2) If the contract is silent on the contractor having the right to give no fault termination then probably yes.
3) Yes, a business contract wouldn't have to include no fault termination provision. There's case law around other situations where one or both parties can end a contract but both parties can agree contracts where both, one or neither party can walk away without being in breach of the contract.
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100notout started a topic Contract termination clauses

29 May 2011, 05:33
Contract termination clauses

If the "Notice" clause on a contract schedule says "From Company: 14 Days" [where Company is the agent] how would one interpret that?

Would one assume that the Sub-contractor could also give notice of 14 days?
Would one assume that the Sub-contractor is prohibited from giving any notice at all?
Is it actually valid to have a contract in which the Sub-contractor is not able to give notice in any circumstances?
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