Contract with no client cancellation clauses

ProjectOcto

Free Member
Aug 1, 2013
153
19
Manchester
My boss signed a contract 1 month before I started that included 9 cancellation clauses, but none in favour of the client (us) - they were all how the supplier can cancel.

The contract related to some digital services that were vague and generic. He still signed it and I accept that mistake. We are at month 1 of the contract.

I want to cancel the contract as the supplier offers no real value now (I can do all of their work). I have allowed them to repitch a new set of services but these are still insufficient. I have offered them a 3 month payment for no services incurred, but they are refusing this and expecting the 12 month contract to be fulfilled.

I have 2 questions:
- A legal way to cancel the contract (distance selling and voting off don't apply)
- Suggestions as to other tactics - how we negotiate, how I talk, how I make it difficult for them etc

All help appreciated!
 

Lisa Thomas

Business Member
Business Listing
Apr 20, 2015
5,439
1
1,440
www.parkerandrews.co.uk
Sounds like one for a solicitor. DM me if you would like a recommendation.
 
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fisicx

Moderator
Sep 12, 2006
46,656
8
15,356
Aldershot
www.aerin.co.uk
A legal way to cancel the contract (distance selling and voting off don't apply)
Unlikely. But a good lawyer may be able to find a way out and not charge you more than the cost of the contract.
Suggestions as to other tactics - how we negotiate, how I talk, how I make it difficult for them etc
It's not in their interest to talk or negotiate. If you make it difficult for them they will just be less inclined to talk.

Pass this one over to your boss and let them deal with it. They signed the contract not you.
 
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The company may have a claim under the Unfair Contract Terms Act 1977 especially if there was some degree of misrepresentation of the service and a clause denying a cancellation.claim for misrepresentation (pure misrep itself can also be pursued under common law. as can failure to provide at all the service you bargained for and thus there may be a right to fundamental breach. To advice further I would need to know the detail of why you wamt to cancel and to see the contract.
 
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ProjectOcto

Free Member
Aug 1, 2013
153
19
Manchester
The company may have a claim under the Unfair Contract Terms Act 1977 especially if there was some degree of misrepresentation of the service and a clause denying a cancellation.claim for misrepresentation (pure misrep itself can also be pursued under common law. as can failure to provide at all the service you bargained for and thus there may be a right to fundamental breach. To advice further I would need to know the detail of why you wamt to cancel and to see the contract.
Thank you for your attempts here, I m now busy reading the Unfair Contract Terms legislation. It's early days to see if they end up acting in contradiction to what was offered, though the specification to which my boss signed was incredibly vague (their advantage I imagine).
 
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fisicx

Moderator
Sep 12, 2006
46,656
8
15,356
Aldershot
www.aerin.co.uk
These contracts are always vague, full of weasel words that don’t actually promise anything.
 
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