Misrepresentation in "selling" a contract? Misrepresentation in "selling" a contract? - Page 3
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  1. #21

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    Quote Originally Posted by Scruff View Post
    Caveat Emptor

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

    Move on, and keep looking.
    Still not getting it. The misrepresentation laws pertain to the process that leads to the signing of the contract. That contract can be literal - as in this case - or virtual, as with most retail sales.

    Example: You are sold windows based on sales literature and verbal assurances that the frames won't discolour for at least 10 years. You sign the contract, and five years later the frames start to turn yellow. The contract doesn't specifically say the frames won't discolour, the guarantee doesn't cover that either. But you CAN sue that firm for misrepresentation, because you can show that they used incorrect information to get you to sign. The wording of the contract is totally irrelevant - the transgression occurred as part of the sales process and is not overridden by the contract.

    Does that make sense?

  2. #22

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    Quote Originally Posted by Whumpie View Post
    Still not getting it. The misrepresentation laws pertain to the process that leads to the signing of the contract. That contract can be literal - as in this case - or virtual, as with most retail sales.

    Example: You are sold windows based on sales literature and verbal assurances that the frames won't discolour for at least 10 years. You sign the contract, and five years later the frames start to turn yellow. The contract doesn't specifically say the frames won't discolour, the guarantee doesn't cover that either. But you CAN sue that firm for misrepresentation, because you can show that they used incorrect information to get you to sign. The wording of the contract is totally irrelevant - the transgression occurred as part of the sales process and is not overridden by the contract.

    Does that make sense?
    No. You are not a consumer.

    Noone sold you anything - you are the supplier.

  3. #23

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    You know what. Yes you have a case. You've sued 6 people successfully so clearly you have more experience than everyone else on this board. Fill your boots and point us to the court transcript when you win. It'll be useful for the next time someone invokes an early termination (like the clause you have in your contract that says you're not obliged to take any work and the client is not obliged to offer it).

    That's what you wanted to hear right?

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  4. #24

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    Quote Originally Posted by Whumpie View Post
    Still not getting it. The misrepresentation laws pertain to the process that leads to the signing of the contract. That contract can be literal - as in this case - or virtual, as with most retail sales.

    Example: You are sold windows based on sales literature and verbal assurances that the frames won't discolour for at least 10 years. You sign the contract, and five years later the frames start to turn yellow. The contract doesn't specifically say the frames won't discolour, the guarantee doesn't cover that either. But you CAN sue that firm for misrepresentation, because you can show that they used incorrect information to get you to sign. The wording of the contract is totally irrelevant - the transgression occurred as part of the sales process and is not overridden by the contract.

    Does that make sense?
    Yes but your contract did have a notice period. If it hadn't or was unclear you would have a case. It would be very difficult to argue you didn't think they could serve notice when it is standard practice in the industry.
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  5. #25

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    I do see what the OP is annoyed about. He's got the offer of two gigs. Let's say both 3 months and one agent says it is what it is, the other promises the OP there will be extensions and it will last longer. He's convinced and signs up, find himself canned 3 months later. The agent, apparently, misrepresented the length of the gig as a way of making him take the contract.
    I think most of us have had the old, we'll give you a 12 month gig but at a lower rate like that is a good thing for us, and then we get canned a few months in. You aren't getting what you were promised and paid less for it. Annoying yes but honestly, if anyone falls for the longer contract speil they deserve what they get.

    What exactly was the contract length you signed though OP. Did you sign 3 months with the promise from the agent it would be 6? Or did you sign a 6 month contract with the agent and you find out the client never intended to have you for more than three?

    Either way, I still think you are chasing dreams here. You've constantly avoided the point that there are no losses to claim for, as per the contract. You were never going to earn it so impossible to stand up in court and demand it.
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  6. #26

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    From what the OP said, it wasn't the agency, it was the client who offered a contract for 6 months with a budget for 3 months. All the agency needs is a contract from the client, it's not up to the agency to get involved in budget approval process. Having been involved in the providing of services for a Software Consultancy it is not reasonable to expect the agency to be informed in detail about the budget approval process; the client wouldn't allow it. This is all handled by notice periods and compensation in the event of notice being given within the contract.
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  7. #27

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    Indeed and agreed. Being a B2B contract with intermediatery this is a lot more complex than the OP realises.
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  8. #28

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    Where is billybiro anyway. This is his type of thread isn't it?
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  9. #29

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    Ok, to answer some of the questions:

    1. I was approached by an agency, appointed and briefed by the end client. Where the responsibility ends up, I'm not sure, but the person who set the ball rolling for the recruitment has admitted they should have offered a three-month contract, but it's harder to get applicants.

    2. The contract itself said six months, as did the offer and the blurb about the role.

    3. There was absolutely no indication of any issue at three months, but it has now come to light that there was never an agreement in place for a six-month engagement.

    4. There is a direct financial loss: £35k that I could reasonably have expected to earn had I taken the other contract. Down here in the South West in my profession it is not unusual to take three months to find a contract.

    I think the most valid point that's been made here is the 'Consumer' point. If this was me buying something, I'd definitely have a case. The wording of some papers I have read do not specify 'Consumer' and the law is spread over many amendments and acts going back to the Sale of Goods act in the 19th century! I'm not about to read all that and would probably get it wrong anyway - so I'll see what a lawyer says and report back.

  10. #30

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    Quote Originally Posted by BlasterBates View Post
    From what the OP said, it wasn't the agency, it was the client who offered a contract for 6 months with a budget for 3 months. All the agency needs is a contract from the client, it's not up to the agency to get involved in budget approval process. Having been involved in the providing of services for a Software Consultancy it is not reasonable to expect the agency to be informed in detail about the budget approval process; the client wouldn't allow it. This is all handled by notice periods and compensation in the event of notice being given within the contract.
    Actually, no - the agency has a duty of care to verify what they advertise and promote, and the client can not knowingly brief with misleading information. You can't just say what you think you need to in order to get a signature, knowing it's incorrect. The question is not whether you're supposed to do these things, though - the question is whether the law, which is really old, provides a legal means to redress given these relatively modern circumstances.

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