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Thread: Business law help?

  1. #17
    The late but legendary peterb - Onward and Upward peterb's Avatar
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    Re: Business law help?

    If you are a member of the Professional Contractors Group (and I'd recommend it if you are not) they may be able to help.

    Without seeing the terms of the contract, you may be a 'nominated resource' of your limited company, and it is the company that holds the contract - so the company could be sued. You could provide another resource (possibly by subcontracting, or taking on an employee for the duration of the contract) but much depends on the wording of the contract.

    But get professional advice.
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    Re: Business law help?

    Thanks Peter. I just joined the FSB as advised by a member here.
    you are correct, it comes to the wording of the contract. At the same time, the client has a priority of finding a replacement and the agency can provide this too, easily might I add but depends if the client would accept that replacement.

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    Re: Business law help?

    2 important points about contract law, if a dispute goes to court:
    If a breach of contract occurs, the plaintiff must show "on the balance of probabilities" that the losses they claim are true. This is a far lower requirement than the "beyond reasonable doubt" requirement for criminal cases.
    Secondly, they have a legal duty to minimise any costs to themselves as a result of your breach. If you can show "on the balance of probabilities" that your breach could have cost them nothing if they had done what is reasonable for them to do to minimise costs to themselves, then they will not win money.

    It is very important now that you make sure that any communication from them is passed to your legal advisor. What ever happens, do not ignore them.

    Finally, if your breach cannot have reasonably cost them anything, they still owe your agency for the hours you worked.
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