Is this a breach of contract agreement ex wont pay

[michellehew]

Hello all sorry im new and have a question

I booked a holiday on 5th Feb for 4th june on the 4th feb i have texts from my now ex saying he will pay for his half and another on the 5th feb saying pay u later. On the 7th March the balance was taken from my card and tickets arrived on the 8th. He text happy tickets had arrived. By this point he had still not paid any money although he knew i had. By the 25th March id had enough of him saying he would pay and didnt i ended the relationship and put holiday up for sale but have not managed to sell it. He then called me childish for trying selling our holiday for which he still had not paid his half. Since then a lot of irrate texts have gone on. The one i sent 11th April asking if he was going to pay his half as originally agreed and he said no i had dumped him and he was under no obligation to pay until the balance was due which it already had been and paid. Is he liable as he agreed to pay prior and aday of booking the holiday possibly in a small claims. (should add at the time of the split i suffered a miscarriage as was very highly strung and I sent some harsh things as he had said not his problem) Thanks in advance

[charitynjw]

Re: Is this a breach of contract agreement ex wont pay

Hello all sorry im new and have a question

I booked a holiday on 5th Feb for 4th june on the 4th feb i have texts from my now ex saying he will pay for his half and another on the 5th feb saying pay u later.
Where was he living at this point? At home or somewhere else?
On the 7th March the balance was taken from my card and tickets arrived on the 8th. He text happy tickets had arrived. By this point he had still not paid any money although he knew i had. By the 25th March id had enough of him saying he would pay and didnt i ended the relationship and put holiday up for sale but have not managed to sell it. He then called me childish for trying selling our holiday for which he still had not paid his half. Since then a lot of irrate texts have gone on. The one i sent 11th April asking if he was going to pay his half as originally agreed and he said no i had dumped him and he was under no obligation to pay until the balance was due which it already had been and paid. Is he liable as he agreed to pay prior and aday of booking the holiday possibly in a small claims. (should add at the time of the split i suffered a miscarriage as was very highly strung and I sent some harsh things as he had said not his problem) Thanks in advance

Hi michellehew & welcome to LB

Please see above question (in red)

[michellehew]

Re: Is this a breach of contract agreement ex wont pay

With his parents at their address we have never lived together thanks

[charitynjw]

Re: Is this a breach of contract agreement ex wont pay

With his parents

IMHO

This would appear to me to be an 'intention to create legal relations' situation.

While the usual situation would be that husbands' & wives' agreements are outside of this principle, as you are estranged, you may be able to rely on Gould v Gould (1970).

I'll give [MENTION=77627]Openlaw15[/MENTION] a nudge.

[michellehew]

Re: Is this a breach of contract agreement ex wont pay

no we have never been married to each other we were just dating thanks again

[charitynjw]

Re: Is this a breach of contract agreement ex wont pay

no we have never been married to each other we were just dating thanks again

The devil's in the detail..............thanks for that!

Imho I would say that there is evidence to show the above-mentioned intention.
Please bear in mind, however, that as we are not privy to the contents of the texts, etc, we can only comment on what you say.
A court, however, would hear both sides of the story & would make a decision as to intent.
The case will turn on it's own facts.

[michellehew]

Re: Is this a breach of contract agreement ex wont pay

thank you for your help he has disputed say was only liable once balance was due which was a month prior to us splitting because he had not paid. The court can decide. Regards and many thanks

[Openlaw15]

Re: Is this a breach of contract agreement ex wont pay

IMHO

This would appear to me to be an 'intention to create legal relations' situation.

While the usual situation would be that husbands' & wives' agreements are outside of this principle, as you are estranged, you may be able to rely on Gould v Gould (1970).

I'll give @Openlaw15 a nudge.

"I booked a holiday on 5th Feb for 4th june on the 4th feb i have texts from my now ex saying he will pay for his half and another on the 5th feb saying pay u later. On the 7th March the balance was taken from my card and tickets arrived on the 8th. He text happy tickets had arrived. By this point he had still not paid any money although he knew i had. By the 25th March id had enough of him saying he would pay and didnt i ended the relationship and put holiday up for sale but have not managed to sell it. He then called me childish for trying selling our holiday for which he still had not paid his half. Since then a lot of irrate texts have gone on. The one i sent 11th April asking if he was going to pay his half as originally agreed and he said no i had dumped him and he was under no obligation to pay until the balance was due which it already had been and paid. Is he liable as he agreed to pay prior and aday of booking the holiday possibly in a small claims. (should add at the time of the split i suffered a miscarriage as was very highly strung and I sent some harsh things as he had said not his problem) Thanks in advance

Law

If the terms of an Offer & Acceptance are the same there is an agreement. If there is consideration (ie pay money for holiday), plus legal intention, there is a contract.

Facts

Your intended holiday was 4 June 2016. An offer of the holiday was made 4 Feb by you and acceptance to the same terms was made by your ex 4 Feb by way of text also (by electronic communications), "I will pay for my half." There is obviously consideration, now the next point is, was a contract intended? Domestic relationships assume there is no contract unless there was a contract intended, ie legal intent. On the facts, booking a holiday with your ex partner was clearly intended as being bound legally as if you were to breach, the holiday-maker breaches, or your ex breaches, the intention is that each of you would have a remedy against the other.

At 5 Feb there was a contract as your ex never cancelled prior to the point of committal, ie when you booked the holiday your were committed to paying for the holiday. Paying the balance on 7 March does not mean the date for when there was a contractual agreement. Rather 7 March is when the contract had to be performed, ie pay the holiday's balance. So your ex is wrong to say otherwise. In any event cancellation by your ex must have been communicated before he accepted. On the facts he has not communicated any cancellation (ie no revocation), so in my view he was legally bound from at least 4 February 2016.

Defences

Your ex could say that there is no evidence to prove he accepted on 4 Feb. "I will Pay for my half" he may argue is too vague to mean he intended to pay for his half of the holiday's value. He could also argue, he intended 5 Feb by his text 'pay later', a counter offer. If he has made a counter offer there is no acceptance.

Remedy:

As your ex has not paid for the holiday there likely has been a breach by him. Have you tried to cancel the holiday with the travel agency? If so, can you get your money back minus your deposit? It seems to me you can claim damages at small claims court or, you could make him perform the contract (specific performance) ie force him to pay for the holiday that he originally agreed to.

[michellehew]

Re: Is this a breach of contract agreement ex wont pay

thanks you both for your replies charitynjw and Openlaw15

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thank you

[Openlaw15]

Re: Is this a breach of contract agreement ex wont pay

thanks you both for your replies charitynjw and Openlaw15

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thank you

You're welcome Michelle . Thanks also Charity.