Misrepresentation in "selling" a contract? Misrepresentation in "selling" a contract? - Page 2
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  1. #11

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    Had it done to me, just be glad you got 3 months work out of it...

    Was offered a 6 month contract, accepted after the usual checks (mostly WFH anyway so didnt matter that much).

    Client: So we've got 3 weeks worth of work on Project A.
    Me: So whats the plan after the 3 weeks worth of work because I have a 6 month contract...
    Client: ummm....we dont really know.

  2. #12

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    The contract has a notice period, that can be used from both sides. If they held to their notice period you have no recourse.

    Contractors and agents give notice on contracts all the time. If there is a notice period the agency didn't mis-sell it.
    The uncertainty is in the contract.
    I'm alright Jack

  3. #13

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    I found this at Misrepresentation and Breach of Contract

    "Misrepresentation and Inducement to Enter a Contract
    A misrepresentation may be made with the intention that it will induce the other party to enter into a contract. If it does induce the other party to enter into the contract it may then be an “actionable misrepresentation”. The party who was induced by the misrepresentation may then be entitled to a legal remedy."

  4. #14

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    Quote Originally Posted by BlasterBates View Post
    The contract has a notice period, that can be used from both sides. If they held to their notice period you have no recourse.

    Contractors and agents give notice on contracts all the time. If there is a notice period the agency didn't mis-sell it.
    The uncertainty is in the contract.
    Sorry - crossed wires. My issue isn't with the contract or the termination - that's fine. It was the mis-sell of that contract before it was signed.

  5. #15

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    Quote Originally Posted by Whumpie View Post
    Sorry - crossed wires. My issue isn't with the contract or the termination - that's fine. It was the mis-sell of that contract before it was signed.
    Yes but the uncertainty is in writing i.e. you were informed in writing that the contract could be cancelled. If the client co offered a 6 month contract to the agency then your case would be very difficult indeed, i.e. the agency were acting in good faith. No harm in taking advice but this happens all the time.
    I'm alright Jack

  6. #16

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    Quote Originally Posted by Whumpie View Post
    Thanks for the feedback so far. Not much of it seems to be based on any legal knowledge, more a "tough tulip, move on", which is all very well, but I think it's our duty to be sure to call people out if they take the mickey.
    Those comments were made by experienced contractors that have either seen this or experienced it. No one has ever, that we know of, taken a client/agent to court for misrepresentation. Call them out fine but the ongoing action has to be on par with the issue. It happens a lot in our industry hence the move on comments.
    Just to clarify: my issue here ISN'T WITH THE CONTRACT. Nor is it with the termination - both are, sadly, an increasingly common part of the game. Also, if the reason for the termination had been unexpected, it would have been bad news - but just one to take on the chin.
    But the contract will state the terms of the sale so it's all there in black and white. That's the point of it, to get everything agreed on paper and signed so there is no confusion. What exactly did you sign for by the way. Was it a 6 month or 3 month contract?
    My issue is with the 'selling'. The agent 'sold' me this contract - that is their job. They convinced me to select theirs over another; I was their customer. And the key bit of information they used to do that was known to be misleading.
    Wow, an agent lied/got it wrong. Boy, if you have an issue with this you are gonna hate contracting. When their lips move they are misrepresenting.

    Feel free to get some advice on it, but when you do don't just focus on the what the agent said, also ask about what damages you will be looking for. I'll comment on that later.
    I'll get some professional advice on it. I don't mind a bit of rough-with-the-smooth, but if we let this kind of stuff slide, before you know it contract durations will be meaningless and we'll be even more subject to the whims of various gits who consider us to be 'fair game' for any kind of abuse.
    As is your right and no harm in doing so but here is the rub. Contract durations ARE meaningless. It's the nature of our work and the way the contract is written. We are flexible resources working on a T&M basis within an overarching contract. That contract has plenty of clauses that will curtail the length of the gig and there are also IR35 issues around doing more than the contract says.

    If, on some planet, you have a case you need to then look at what you'll get for it. The contract states you get paid for the work you do. You don't do work, you don't get paid. The client was clearly not going to offer you any further work so there are no losses incurred. What will you be claiming for? Fresh air? There are also agreed notice periods in the contract which you agreed to as well.

    You will have read all this and signed for it. Trying to take an agent to court for doing a sales job on you is just utterly pointless, particularly when the losses you will be claiming are like zero.

    The point made about "you're not a consumer" is a good one and I expect that's the killer. But it's worth asking.
    It really isn't. You just look a bit daft by doing so. It's VERY clear what you are so why ask? No 'expect'. It's fact.
    Last edited by northernladuk; 17th July 2019 at 13:53.
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  7. #17

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    Quote Originally Posted by northernladuk View Post
    Those comments were made by experienced contractors that have either seen this or experienced. No one has ever, that we know of, taken a client/agent to court for misrepresentation. Call them out fine but the ongoing action has to be on par with the issue.


    But the contract will state the terms of the sale so it's all there in black and white. That's the point of it, to get everything agreed on paper and signed so there is no confusion. What exactly did you sign for by the way. Was it a 6 month or 3 month contract?


    Wow, an agent lied/got it wrong. Boy, if you have an issue with this you are gonna hate contracting. When their lips move they are misrepresenting.

    Feel free to get some advice on it, but when you do don't just focus on the what the agent said, also ask about what damages you will be looking for. I'll comment on that later.


    As is your right and no harm in doing so but here is the rub. Contract durations ARE meaningless. It's the nature of our work and the way the contract is written. We are flexible resources working on a T&M basis within an overarching contract. That contract has plenty of clauses that will curtail the length of the gig and there are also IR35 issues around doing more than the contract says.

    If, on some planet, you have a case you need to then look at what you'll get for it. The contract states you get paid for the work you do. You don't do work, you don't get paid. The client was clearly not going to offer you any further work so there are no losses incurred. What will you be claiming for? Fresh air? There are also agreed notice periods in the contract which you agreed to as well.

    You will have read all this and signed for it. Trying to take an agent to court for doing a sales job on you is just utterly pointless, particularly when the losses you will be claiming are like zero.


    It really isn't. You just look a bit daft by doing so. It's VERY clear what you are so why ask? No 'expect'. It's fact.

    Your logic seems to be coming from a viewpoint of "it's just like that - live with it" and I have to admit, I find that approach really grinds my gears because it becomes a self-fulfilling prophesy and things deteriorate over time. As someone who has sued six people and companies - and won six times - I believe that no industry, individual or company should be allowed to gain from others' losses by doing things that are outside the law.

    So when the law says, "A misrepresentation may be made with the intention that it will induce the other party to enter into a contract. If it does induce the other party to enter into the contract it may then be an “actionable misrepresentation”, I tend to think that was put there, at taxpayer's expense, to protect the likes of you and me from this kind of practice. But if we don't invoke those laws, it's all wasted.

    I will look into it, and post back on here. I suspect the answer will be that it's tenuous because the law was in the context of sales rather than recruitment - but as some people have pointed out, this happens too often and it's highly damaging. If we can help to stop that, then we should - rather than just bending over and taking it, then saying "it's part of the game, mate" as if that makes it ok.

  8. #18

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    Quote Originally Posted by Whumpie View Post
    Your logic seems to be coming from a viewpoint of "it's just like that - live with it" and I have to admit, I find that approach really grinds my gears because it becomes a self-fulfilling prophesy and things deteriorate over time. As someone who has sued six people and companies - and won six times - I believe that no industry, individual or company should be allowed to gain from others' losses by doing things that are outside the law..
    Ah, one of them. OK, go for it then. It's not just my logic by the way don't forget.

    You really need to go for a legal bod though. This is a forum full of contractors so won't be much help to you.

    law was in the context of sales rather than recruitment
    Are you selling something via a LTD company or are 'you' being recruited. Think about it. It seems to be key to your argument.
    Last edited by northernladuk; 17th July 2019 at 14:01.
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  9. #19

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    Caveat Emptor

    There is no misrepresentation, YourCo. signed a contract with a notice period.

    Move on, and keep looking.
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  10. #20

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    Quote Originally Posted by northernladuk View Post
    Ah, one of them. OK, go for it then. It's not just my logic by the way don't forget.

    You really need to go for a legal bod though. This is a forum full of contractors so won't be much help to you.



    Are you selling something via a LTD company or are 'you' being recruited. Think about it. It seems to be key to your argument.
    I'm not sure how it would be seen in terms of which entity 'sold' or 'recruited' whom or what - but the law doesn't seem to differentiate. If just says that if I was induced to sign a contract by a piece of misinformation then reparations could be due.

    Like you say - lots of opinions on here, but very little expertise. I've got access to the latter; I'll report back. I expect I'll have to drop it.

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