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Misrepresentation in "selling" a contract?

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    #51
    Originally posted by psychocandy
    Biggest load of tulipe I've heard on this forum to be honest. (apart from NLUK obviously).

    You agreed and more importantly SIGNED a contract so knew up front that the client could give a weeks notice any time they wanted. How on earth is that misreprentation I'll never know?

    All they did was invoke a clause that you knew about and agreed to!
    I'm going to assume that as this thread is now so long you haven't read it....
    One more time: this isn't about the contract. That's fine. Misrepresentation at Law occurred when they deliberately misled in order to get me to sign their contract rather than another, leading to a direct financial loss, i.e. the amount of time I'm out of work, up to the full extend of the contract. Because if they had not misled, I would have signed the other contract and - we have to assume - would still have that income.

    It's really not complicated. It's no different to clocking a car in principle. In practice, of course, it's hugely more complex and definitely not a slam-dunk case. But to dismiss it without even trying to understand the question is, well... a bit 'teenage troll'.

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      #52
      Originally posted by Whumpie View Post
      I'm going to assume that as this thread is now so long you haven't read it....
      That and the general bollox he posts.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #53
        Originally posted by Whumpie View Post
        leading to a direct financial loss, i.e. the amount of time I'm out of work, up to the full extend of the contract. Because if they had not misled, I would have signed the other contract and - we have to assume - would still have that income.

        It's really not complicated. It's no different to clocking a car in principle. In practice, of course, it's hugely more complex and definitely not a slam-dunk case. But to dismiss it without even trying to understand the question is, well... a bit 'teenage troll'.
        Failing to gain £35k is legally very different to a "direct financial loss" of £35k.

        You may have now lost out on one opportunity to work 5 days per week for another 3 months to earn £35k, that is not a "direct financial loss" of £35k. There is nothing stopping you from working 5 days per week for 3 months now (other than your lack of finding another contract)

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          #54
          Originally posted by GhostofTarbera View Post
          It’s not a waste of time, it will give the agency lawyers a good full blown laugh




          Sent from my iPhone using Contractor UK Forum
          I stand corrected

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            #55
            I don't think that you have lost anything?

            Generally, being paid requires a signed timesheet.

            What you have lost is the potential for YourCo to earn a fee, under a contract which was terminated in terms of a notice period.

            You are employed by YourCo and can continue to pay yourself a salary and draw dividends from retained earnings.

            Quick exit...
            I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

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              #56
              Fast forward two years and having just got back on it's feet post April 2020 the contracting industry hits another crises after clients pull all new contracts to assess the impact of someone successfully suing an agency for misrepresentation.

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                #57
                Originally posted by Whumpie View Post
                I'm going to assume that as this thread is now so long you haven't read it....
                One more time: this isn't about the contract. That's fine. Misrepresentation at Law occurred when they deliberately misled in order to get me to sign their contract rather than another, leading to a direct financial loss, i.e. the amount of time I'm out of work, up to the full extend of the contract. Because if they had not misled, I would have signed the other contract and - we have to assume - would still have that income.

                It's really not complicated. It's no different to clocking a car in principle. In practice, of course, it's hugely more complex and definitely not a slam-dunk case. But to dismiss it without even trying to understand the question is, well... a bit 'teenage troll'.
                How many of us know contractors who take a perm job knowing FULL WELL they're planning to do it for a year or two, get a bit of free training maybe then bail and go back on the game?

                They ain't telling the perm employer this at the beginning are they? Don't see those getting sued.....
                Rhyddid i lofnod psychocandy!!!!

                Comment


                  #58
                  Originally posted by Whumpie View Post
                  Ok, this is early days, but so far neither of the legal advisors I have spoken to have agreed with most of the posts on here. They both think the case is strong. Next up is some time with a commercial law specialist.
                  Out of interest.
                  If this doesn't work will you sue the legal advisors as well?
                  See You Next Tuesday

                  Comment


                    #59
                    Originally posted by Lance View Post
                    Out of interest.
                    If this doesn't work will you sue the legal advisors as well?
                    Originally posted by Whumpie View Post
                    Ok, this is early days, but so far neither of the legal advisors I have spoken to have agreed with most of the posts on here. They both think the case is strong. Next up is some time with a commercial law specialist.

                    I'll keep you posted.

                    Because I can't resist it, a note on the overall attitude on here:

                    Many people have cited the "that's just how it is" side of things - "this is a brutal business", "people get screwed over all the time", "it's happened to me loads of times", etc. etc.

                    Yes. Yes, it is like that. And it's getting worse.

                    The reason it's become like that is because people don't fight back. They make excuses (see above) and just take it, which emboldens the wrongdoers and so the malpractice becomes entrenched. The reason I have sued six times and won six times isn't because I got a lot of money out of it - I didn't. It's because it's the right thing to do. So rather than snarly trolling at those who try to make things better on your behalf, try standing up for yourselves and your fellow contractors. THAT is part of contracting, NOT getting screwed over.

                    Soap box ends. Please note the lack of personal insults and if you must respond, do it in kind.
                    Please do keep us updated with how much you are spending along with progress and eventual outcome.

                    Comment


                      #60
                      Originally posted by Vordrak View Post
                      It depends on what he can prove -

                      * The misrepresentation the agent made to him.
                      * That it was never really a 6 month contract.
                      * The losses he has suffered

                      The agent however would point to the contract and say the contractor had been told it could be terminated for any reason on notice at any time. They might also say they relied on good faith on information from the client.

                      It will occurs to me however that if the client misled then there could be a claim in the tort of deceit. A lot of contractors charge more for contracts which are far away or short. They charge less for homeworking.

                      If that applies to OPs business they could claim for the fee difference. OP could say that if they knew it was only 3 months or whatever they would have charged 20% more. They would need some evidence that was so.

                      Deceit / fraud claims can and in my view should be brought by contractors. However there are strict rules and he would probably want a solicitor.
                      Interesting but all very theoritcal, as was your first post, and no reality to the OPs situation has been applied at all so nothing is any clearer really.

                      Nearly every comment we've made addresses most of the points you've made in your theory which moves the situation much further on from a generic view with a load of mights, possibly and could haves.

                      The point about loss for a start. He hasn't lost anything and is back to market to start earning. He can't claim for something he didn't lose and we don't know how much until the periods end. Breaks between gigs are normal practice. He could start work on a gig tomorrow in London or maybe one in Glasgow but he won't. His client (and its not even them, it's his agent) can't be expected to payout because he's turning down perfectly good work because it doesn't suit him.

                      What about telling us a bit more about what loss is, when it can/can't be applied and other mitigating circumstances relevant to his situation?

                      Now that would be useful. The question about unearned income is pretty fundamental to any case a contractor brings and if you believe we should challenge more we should be able 6o ask for a very well defined definition.

                      In your opinion... Has the OP got a good case or not?
                      Last edited by northernladuk; 18 July 2019, 17:14.
                      'CUK forum personality of 2011 - Winner - Yes really!!!!

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