Contract mistake.

[stav242]

I have just discovered a contract that i had in 2012 had quoted the informally agree `daily` rate as `Rate Per Hour`.
I was only paid the rate `per day`
It has been signed by the agency and myself, and covers a 3 month period.

If the contract is legally binding, which i would hope it is as it was a large agency - do i have any chance of challenging why they have not paid me the rate due on the contract ?

thanks.

[NotAllThere]

If it is an obvious error (passerby argument?) then when it got before a judge, you'd lose and pay costs.

In a case dealing with property law, the Court of Appeal corrected an obvious error in a clause in a lease by applying a process of construction. Jacob LJ also considered that rectification could have been ordered, making a number of obiter comments with implications for solicitors who realise that the other side may have made a drafting error in a document.

[pr1]

I have just discovered a contract that i had in 2012 had quoted the informally agree `daily` rate as `Rate Per Hour`.
I was only paid the rate `per day`
It has been signed by the agency and myself, and covers a 3 month period.

If the contract is legally binding, which i would hope it is as it was a large agency - do i have any chance of challenging why they have not paid me the rate due on the contract ?

thanks.

given that you've only noticed you're "missing" six sevenths of your income for 3 months from 4 years ago, now, I think you'd struggle getting anything out of them

[SueEllen]

You know it's a mistake the agency knows it's a mistake so no chance.

[FrontEnder]

I'm not legal expert, but I would say you've verbally accepted a contract at the lower rate. By invoicing them at that rate, you've therefore accepted that rate.

If there is any other documentation to show the rate (emails, SOW etc.) then this would pretty strong evidence that the contract rate is a mistake and you have in fact accepted a different one. Which is exactly what has happened.

[GillsMan]

And if the contract said, say "£400 per hour" and you invoiced/were paid at £400pd, you'd be hard pressed to demonstrate that you were entitled to more money, as you already invoiced at the other amount, and you probably haven't been invoicing at anything like that rate before or since.

You're trying it on and you know you are.

[stav242]

Thank you all for the feedback.

all your points are quite correct and valid, i wont ber taking it any further.. apart from making a bit of fun out of it with my agency.