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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33734
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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We entered into a contract for an online information product

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We entered into a contract for an online information product - the agreed price was just under $2,000. The company sent us a renewal note about 2 weeks before the annual renewal date. The renewal states the price has gone up to nearly $3,000 so we immediately notified them (before the renewal date) that we wanted to cancel the product. They have now sent us a demand saying that we had to notify them 2 months before the renewal date if we want to cancel (i.e. before we knew the price).
We are based in England and our English solicitors have confirmed that this is definitely not enforcable under English law because price is "void for uncertainty" as it would permit the company to charge anything and they only tell us after the notice period. Secondly it is void because price is a key contract term so a material change in terms requires us to re-accept their offer before the contract can be executed. The contract states it is under Florida law. Our lawyers have also stated that they think this will be unenforcable under Florida law but I would be grateful if anyone could confirm that.

Thanks in advance...
Unless the contract specifically allows them to do this then when they raised the price it would be equivalent to an offer of a new contract and therefore if you didn't accept the contract is over.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 6 years ago.
Thanks for your answer but I really need something a bit more detailed than this one sentence. I need to be able to cite the relevant legislation and/or the principles. And explain why it would form a new contract.
There is no "relevant legislation" because it is a common law principle. However, I ran a search on the appropriate terms and came back with a number of Florida cases containing bits and pieces of the principles that are involved. You can find the cases at http://scholar.google.com/scholar?as_q=contract+renewal+change+/s+terms&num=10&as_epq=&as_oq=&as_eq=&as_occt=any&as_sauthors=&as_publication=&as_ylo=&as_yhi=&as_sdt=4&as_sdts=10&btnG=Search+Scholar&hl=en



You also need to check your original agreement with them for language that allows them to do this. I think they are still likely to be out of luck since they would have made the change at a time when you couldn't have elected to reject it (based on their reasoning) so the very first case in those that are above applies because this term makes the contract unilateral and unconscionable.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.





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