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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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I signed a contract to sell my lentils last spring before I

Customer Question

HI I signed a contract to sell my lentils last spring before I seeded them for 32 cents for number one lentils. Now after harvest they are worth up to 45 cents. Is there any way to get out of this contract?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

No there is not so long as you made an offer that was accepted by the other party.

For the contract to be binding that is really what is needed.

So unfortunately you are stuck if you settled on a price.

Customer: replied 1 year ago.
There was a act of god clause in the contract could I use it any way?
Expert:  Debra replied 1 year ago.

This would not be an act of god.

If there was a hail storm that destroyed the crop, for example, that would be an act of god.

Customer: replied 1 year ago.
Here is a copy of the contract
Customer: replied 1 year ago.
The land was never listed where the lentils we're grown
Expert:  Debra replied 1 year ago.

I don't see why that matters myself.

Customer: replied 1 year ago.
I do not have a copy of the contract with there signitures on it
Customer: replied 1 year ago.
Did you get the contract?
Expert:  Debra replied 1 year ago.

But there was still an agreement and in fact the agreement itself says failure to sign doesn't constitute a refusal of the agreement.

Yes I read the contract.

Customer: replied 1 year ago.
If I don't sell to them what can they do to me?
Expert:  Debra replied 1 year ago.

They will sue you for damages.

And they will win and so also get an order for their legal costs.

Customer: replied 1 year ago.
Contract was written before crop was seeded so as many acres were not seeded as on contract as seeding plans changed
Expert:  Debra replied 1 year ago.

But if you agreed to provide the crop then that is not a way out of the contract.

Customer: replied 1 year ago.
I understand but I should only have to supply the crop on acres seeded as when contract was written I was going to seed 700 acres but plans changed that's why they wanted to know acres and land locations
Expert:  Debra replied 1 year ago.

You only owe them what was agreed to at the time of the signing of the contract.

Customer: replied 1 year ago.
K thanks
Expert:  Debra replied 1 year ago.

You are very welcome.

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