Contents tagged with Breach of Contract
It is always important to have the right contract in place for any transaction so that both parties are clear about expectations and obligations. However, no matter how good the relationship between the parties, sometimes disputes occassionally arise if any of the terms of the contract are broken. If you are involved in a contract and the other party fails to live up to their end of the contract, what can you do? One option is to sue them for breach of contract.
What Is A Contract?
A contract is a promise or an agreement between two or more parties that is legally binding. This promise can either be made expressly in writing or implied, which means it was communicated orally or by conduct. A contract arises when an offer is made to one party, which is then accepted by another. … more
Navigating your way through a commercial dispute can be time consuming and stressful. Disruption caused to your business and the impact on managerial time can be costly.
Commercial disputes are becoming increasingly commonplace, and therefore it is essential that businesses obtain strategic advice as soon as possible in any dispute so that they can minimise the impact on the business.
Generally speaking, the law takes the view that a contract is formed between parties when one party makes an offer to another who accepts the offer. The parties have to be certain as to the terms of the contract, there has to be an intention to create a contract and there has to be ‘consideration’ i.e. there has to be some value.
A contract does not need to be in writing or signed for it to … more
Giving notice to quit employment while often a simple act, can sometimes lead to disputes between the outgoing employee and their soon to be former employer. The logic to this is simply that one is trying to leave, preferably as soon as possible, while the other is now having to fill the gap left by the leaver and requires time in order to fill said gap.
The concept of ‘notice jumping’, though it means a breach of contract on the part of the leaving employee, is nothing new and happens every day in practice. The core question often put to us by employers is what can they do about it?
The recent Employment Appeals Tribunal (EAT) case of Yizhen Li v First Marine Solutions gives some assistance in answering this question in limited circumstances.
Miss Li was employed as an … more
Social media is everywhere these days, be it at home, on the train and of course very often in the workplace.
The key platforms as you will no doubt be aware are Facebook, Twitter and LinkedIn. The personal nature of these pages allow the user to share news, gossip, photo and video, no matter how inane or mundane. A profile can be restricted to being seen by family and friends, or alternatively be open to the general public.
Many professionals view social media as a tool to be utilised for progression of their professional goals, this in particular relates to LinkedIn. However problems can arise for employers where individuals make comments on their personal pages in the mistaken belief that no one from work will see them. The consequences for such mistakes can range from the … more
Wrongful dismissal is a dismissal in breach of contract. The fairness of the dismissal does not come into play here, merely whether the dismissal was in accordance with the contract of employment. … more
The difficulties of dealing with exiting senior management are the same in all industries. Existing employees, particularly those who have the potential their former employer’s damage, very easily forget their duty of fidelity. Many employers protect their interests by agreeing compromise agreements (from 29 July 2013 compromise agreements have been renamed as settlement agreements). However, does an employee forfeit their agreed financial benefit or payment if they breach their executed compromise agreement?
The High Court recently dealt with this question in the case of Mr Imam- Sadeque v Bluebay Asset Management (Services) Ltd (BlueBay).
The Claimant, Mr Imam-Sadeque, commenced employment with BlueBay, an asset management company, in 2004 and by 201 … more
This summer there has been some interesting case law on the question of employee rights to holiday or payment in lieu of holiday when on sick leave. The principle that the purpose of paid annual leave is to enable the worker to enjoy a period of rest and enjoy a period of relaxation and leisure is well established; as is the principle that entitlement to sick leave is to ensure that the worker can recover from an illness that has caused him to be unfit for work.
Asociación Nacional de Grandes Empresas de Distribución, a European case, confirms that where an employee falls ill during their annual holiday leave, they are entitled to take additional holiday at a later date, for a period equivalent to the sick leave taken during annual leave.
Many employers already … more