Reply to: slightly different handcuff clause question

[Andy Hallett]

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

[Taita]

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.

[Taita]

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'

[LisaContractorUmbrella]

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

[Andy Hallett]

I agree that there can be an implied contract, as occurs regularly within employment law or there can be a verbal contract but I can't see how a contract of either type could be used in the circumstances described in this thread. You refer to 'pre incorporation terms' which become binding once the client requests information - pre incorporation usually refers to arrangements made between a group of persons who will later incorporate as a company - I understand the intention in this case but such terms could only become legally binding if the end client agreed to them and indicated their agreement formally surely?

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.

[Andy Hallett]

If you do all of your confirmations of contracts with documents including emails then you are going to have a hard time arguing a binding verbal agreement was made.

Even if you recorded it the fact that you put things in writing 99% of the time is enough to throw doubt on the conversation.

We don't argue a verbal agreement was made. We have terms that become binding on 'acceptance' of an introduction.

[Ninja1980]

Anyone got the name of the agency?

[SueEllen]

There doesn't need to be signed contracts for an agreement to be in place.

If you do all of your confirmations of contracts with documents including emails then you are going to have a hard time arguing a binding verbal agreement was made.

Even if you recorded it the fact that you put things in writing 99% of the time is enough to throw doubt on the conversation.

[LisaContractorUmbrella]

There doesn't need to be signed contracts for an agreement to be in place.

I agree that there can be an implied contract, as occurs regularly within employment law or there can be a verbal contract but I can't see how a contract of either type could be used in the circumstances described in this thread. You refer to 'pre incorporation terms' which become binding once the client requests information - pre incorporation usually refers to arrangements made between a group of persons who will later incorporate as a company - I understand the intention in this case but such terms could only become legally binding if the end client agreed to them and indicated their agreement formally surely?

[Andy Hallett]

Are you saying that the description of the process is wrong Andy or that there doesn't need to be signed contracts for an agreement to be in place?

There doesn't need to be signed contracts for an agreement to be in place.

[LisaContractorUmbrella]

Incorrect

Are you saying that the description of the process is wrong Andy or that there doesn't need to be signed contracts for an agreement to be in place?

[Andy Hallett]

From my understanding -

Quite a few agencies now have it written within contracts between them and the client that any contractor put forward (just by sending a CV) is deemed as the 'introduction'. They can then say that they are entitled to a %.

However, this would mean that the client and the agency would have had to have signed this agreement. If the client has no agreement in place with the agency, then the agent hasn't got any foot to stand on (unless contractor and agency sign a similar 'introduction' agreement).

Incorrect

[Darksider]

How can the agency tie the client to the contract, when the agency haven't signed the contract?

From my understanding -

Quite a few agencies now have it written within contracts between them and the client that any contractor put forward (just by sending a CV) is deemed as the 'introduction'. They can then say that they are entitled to a %.

However, this would mean that the client and the agency would have had to have signed this agreement. If the client has no agreement in place with the agency, then the agent hasn't got any foot to stand on (unless contractor and agency sign a similar 'introduction' agreement).

[Andy Hallett]

Would you be willing to tell us about the cases that you lost?

I am sure that would come out in the Q&A!

[Wanderer]

Next time you guys have a get together I will come and do a talk on the subject. Happy to go through actual case studies and precedents we have collected over the years.

Would you be willing to tell us about the cases that you lost?