I have signed a legal contract, had it witnessed, can i cancel it? Delay paying out being the major factor, the small print didn't give us a time element so does this mean a comapny can keep you waiting as long as it likes if you have already signed this contract? We signed this contract in March/June 2006 and still waiting for our cheque. I am being unreasonable as the item i am selling has increased in value?
2006-11-24 05:04:56 · 10 answers · asked by ? 1 in Politics & Government ➔ Law & Ethics
All contracts, to be binding on both parties, must list all the elements of performance. If any of these elements is missing (eg. "time") the contract can be voided. Try mailing this notarized statement certified, return reciept:
“I herein rescind any and all signatures obtained from me by (name of contractee) on the contract dated (date). Said signature as of this date being void . A reasonable time has elapsed to execute the terms of the contract, and such execution has not been forthcoming I, (your name) herin void and cancel the contract”.
(your signature)
Watch how fast they move THEN…
2006-11-24 06:27:32 · answer #1 · answered by Gunny T 6 · 0⤊ 0⤋
1)check the terms, there should be termination provisions and payment provisions.
2) there are also implied terms in a contract, especially one between a consumer and a company, this would mean that payment has to be made in a reasonable time
3) even if they have breached the contract your option would be to sue which could take some time, you can run an action in the small claims court but may take time and money
4) I would suggest keep bugging the company, call them, send them a letter threatening legal action and demanding interest before and after judgment. If they are a big company threaten going to the press, also if large find out the name of their cheif executive and send the letter to him, this usually gets better results. Also contact your local trading standards agency as they can investigate and usually the company will become so scared they just hand over the cash
5) good luck!
2006-11-25 22:29:51 · answer #2 · answered by Nettle 2 · 0⤊ 0⤋
Hi Titch, It sounds like a breach of contract on the part of the other party. If you have their goods you have a right to be paid. Custom and practice says either cash with order.
Cash on delivery, or 30 days on invoice.
You should have made the payment terms clear at the time of draughting the contract although there is the possibility of an implied term of cash on delivery.
You deliver, they pay.
If there is a breach of contract you can pull out of the contract on the grounds of the breach.
Hope this helps
2006-11-25 07:22:57 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
If you refuse to perform, you will be in breach and liable for damages. If the contract didn't specify a time to complete the deal, the law implies a "reasonable" time, which depends upon the facts.
Try to renegotiate or buy out the contract.
2006-11-24 06:04:41 · answer #4 · answered by Spellympics 2 · 0⤊ 0⤋
You should always put a date for performance, otherwise the contract becomes unilateral or illusory.
Send them a letter simply canceling the contract. Send it certified. Wait a month to do anything, see if you hear from them. If you don't, you're probably safe to assume the contract is dead.
If they still want it, inform them that you are going to charge them for storage of the item until it is paid for.
Don't deliver until the check clears.
2006-11-24 05:11:40 · answer #5 · answered by open4one 7 · 0⤊ 1⤋
Personally I think you've agreed and signed a contract that you should honour.
I'm not a solicitor (my sister is), but if you were backing out on me after a signed agreement, I'd really set my solicitor on you if I wanted the deal to go through - and get you for costs too.
2006-11-24 05:10:41 · answer #6 · answered by Joe Bloggs 4 · 0⤊ 0⤋
Tell them you were intoxicated(drunk) when you signed. Seriously it whould depend greatly on the terms of the contract. If there's no time in the contract you should be able to tell the person you need a little time.
2006-11-24 05:20:40 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It really depends on the terms of the contract. If time was stated to e "of the essence", then you will be able to pull out.
2006-11-24 05:08:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you are able to no longer sign criminal papers at 17. did you tell them your weren't the right age whilst they gave you the settlement?close your financial company account.or positioned a stop on the computerized withdrawl.
2016-10-04 07:55:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You are bound to your contract.
2006-11-24 05:52:39 · answer #10 · answered by discmiss1 3 · 0⤊ 0⤋