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Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13234
Experience:  30 years experience in business law and related topics such as employment law
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Hello, Following a quote process, a business customer has

Customer Question

Hello,

Following a quote process, a business customer has issued my business with a confirmation email, and services have now begun on the complete fulfilment of the contract. The customer then required a short notice variation of contract, which we could not fully deliver. They have informed me by telephone that they wish to cancel, and engage the services of another company who can provide this contract variation. I believe that this is breach of contract. Please could you advise?
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. I you tendered/quoted for the work and the quote was clearly accepted by email then there will be a binding contract and unless the terms allowed unilateral variation then the customer is not entitled to do this and equally cannot simply cancel unless there was provision for this in the contract. There are no cooling off or cancellation rights in business contracts.

So it turns upon exactly what was set out in the quote and email of acceptance but if it is clear that it is an acceptance then you have a claim.

If you have actually commenced the fulfilment of the contract and the customer knew this that would be further evidence of a binding contract.

So you can tell them they are not entitled to cancel and you will claim breach of contract if they do so

Customer: replied 1 year ago.

At this time, no money has changed hands, does this have any effect on this issue?

Expert:  Senior Partner replied 1 year ago.
The fact that no money has changed hands is not critical as long as for example the contract was not conditional on the payment of a deposit or advance payment . The issue is whether an agreement was reached that was intended to be binding on both sides. It does not matter if it was in writing as long as there is evidence of agreement. Ask yourself the question the other way round - if you had done nothing to fulfil the contract could the customer have claimed against you ?
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13234
Experience: 30 years experience in business law and related topics such as employment law
Senior Partner and 7 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for you help with this matter, I'm satisfied that I can pursue this matter with our customer.


 


Kind regards,


James


 

Expert:  Senior Partner replied 1 year ago.
Ok good luck. Please come back if you have follow up questions.

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