How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RGMacEsq Your Own Question

RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 12226
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Business Law Question Here...
RGMacEsq is online now
A new question is answered every 9 seconds

Hi, I have a contract to provide services to a company.

Resolved Question:

Hi,

I have a contract to provide services to a company. It was a 5 year contract. I unfortunately got sent to prison camp for 9 months in the middle of my contract. I thought I would still have this work when I got out. They said before I left that I could resume when I got back. But, now that I'm back, the client said that they "voided" or "cancelled" the contract. Can they do that?

Thank you,

Anthony
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

Thank you

RGMacEsq :

I'm sorry to hear about your situation. Under the terms of the contract, were you supposed to be working during the time that you were sent to the prison camp? Or was the contract constructed in such a way that there would be no interference between the prison camp and your obligations under the contract?

Customer:

I can look. But, when I entered the contract, I wasn't expecting the 9 month vacation

RGMacEsq :

No doubt about it... The reason I ask is that a contract is a mutual exchange of promises (that you will do something in exchange for the other party to the contract doing something). If you were unable to do what you had promised to do, then you would actually be in breach of that contract (even if it was outside of your control) and that would allow the other party to "exit" the contract.

Customer:

It doesn't say that I can be absent. Nor, does it say that the contract can be voided if I am absent for a period of time.

RGMacEsq :

What services were you to provide, and on what basis?

Customer:

Don't they have to follow some type of notice or procedure to properly/legally exit a contract? They actually said that I could resume when I returned

Customer:

The services were general business and marketing services

Customer:

  1. Services. Orlando shall, during the Term as defined below, provide to MNK, consulting services focused on executive coaching and management, strategic planning, financial planning and reporting, product procurement, and any other business functions at such times as MNK may reasonably request.

RGMacEsq :

So only if the contract was something that there would not be a breach in (such as something that you would only do once a year, and the 9 month prison did not stop that) would there not be a breach on your part. But if it came up that you were to provide a service and you were unable to because you were in prison, that would be a breach on your part (again, a breach only meaning that you had a contractual obligation to do something, and that it was not done, regardless of the reason or your intentional or knowing culpability in the matter). If there was a breach, then that would relieve the non-breaching party's obligations pursuant to the contract. Only if the contract itself requires a notice of "exiting" upon breach, etc... would you be able to argue that they should give you notice, and even then, that might not be enforceable (since IF you breach, their obligations are relieved, and so if the contract says that they will give you notice, that's such a contractual obligation that would be relieved if one party breaches).

RGMacEsq :

Often in a litigation, the question is which party breached first.

RGMacEsq :

The reason is that a breach relieves the other party's obligations. But if one party thinks the other party breached, and stops its obligations upon that belief, but ultimately it's determined that there was not a breach by that other party, there is still a breach on the first party's party.

RGMacEsq :

I hope that makes sense...

Customer:

So, if the services were still continued in some way, then there was no breach. But, because services stopped, then there was a breach and they can exit.

RGMacEsq :

That is, one party breached, which relieved the other party from obligation, but the question could be which party breaches first.

RGMacEsq :

Yes, essentially. Again, it would depend on the contract and the nature of the services offered. But if you had a contractual obligation to do X, and were unable to do X when it came time to do X, that would be a breach.

Customer:

alright... well, thanks for your help.

RGMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Definitely a 5. Thank you.

RGMacEsq :

You're welcome, and again, good luck to you!

RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 12226
Experience: Licensed Texas General Practice Attorney
RGMacEsq and 8 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
RGMacEsq
RGMacEsq
507 Satisfied Customers
Licensed Texas General Practice Attorney