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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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I own a company that provides a management service to

Customer Question

Good day, I own a company that provides a management service to another company. I am the sole proprietor and is the named person to perform the management service for the other company. I however have a challenge that the termination of service duration is 3 months and I need to be in Australia by the third month of the 3 month month notice period and settle my family into Australia and get kids into school (January 2017). There is a high likelihood that I will breach the contract due to the fact that I have to move to Australia in the third month. What are my options as I do not wish to compromise myself and incur liabilities and damage to reputation. I have an electronic copy of the contract should you wish to review it. I need to inform the other party Monday and wish to do it in such a way that I remain in good standing with them. They are not aware that we are moving to Australia.
Submitted: 1 month ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 month ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

If the contract provides for a termination period of 3 months, then anything less than that WOULD amount to a breach of the contract.

If you wanted to remain in good standing with the company, then your ONLY real way out is by way of negotiation. You need to arrive at some sort of mutual understanding as to the termination of the contract, and what will happen as a result thereof.

Perhaps you could find them somebody to take over - and that would make them happy. Who knows.

Legally, I don't really know what to tell you, except that if you don't see the notice period through it would most certainly amount to a breach...

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 28 days ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw