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cancelation of a contract ?

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  • cancelation of a contract ?

    I took out a contract for a boat licence, the authority in question states that it is a contract, after the licence was paid for and issued, and in my possession they claimed that they had cancelled it because they had not considered my application properly. They are not claiming that I breached the contract but that it didn't exist as they agreed to it in error. They obviously agreed to the contract and took payment and issued me with written proof of their agreement in the form of a boat licence, with a start date that had already passed by a couple of weeks, there are no further stages in the process.

    I later had the licence re issued with the exact same details after being dicked around for over 3 months, proving that nothing in my original application was incorrect.

    My question is this a breach of contract by them ?
    Tags: None

  • #2
    Re: cancelation of a contract ?

    The only way of knowing whether it's a breach of contract would be to know what the full terms of it are and what rights of cancellation you agreed to within it.

    If the contract has been breached, what do you want to do? What is the purpose of determining a breach?
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Re: cancelation of a contract ?

      Originally posted by jaguarsuk View Post
      The only way of knowing whether it's a breach of contract would be to know what the full terms of it are and what rights of cancellation you agreed to within it.

      If the contract has been breached, what do you want to do? What is the purpose of determining a breach?
      These are the terms and conditions http://www.google.co.uk/url?sa=t&sou...8fWAVWQSQnSTMA


      Termination
      8.1 We will write and tell you if we think you have broken the Conditions of your Licence. We will
      explain how we think you have broken them and how we think you can put things right. We will
      tell you how long you have to put things right. This time will be at least twenty eight days or
      longer if reasonable. We may extend the time if you write to us and explain why you need the
      extra time.
      8.2 If you do not put things right within the time we have given you, the Licence will end and you
      must remove the Boat from our Waterways. We will rebate the cost of the unused part of the
      Licence in accordance with our Refund Terms (details of which are set out in Schedule 4) as of
      the date on which you have removed the Boat from our Waterways.
      8.3 In the case of a serious or persistent breach of these Conditions, or where we reasonably believe
      that the breach may endanger the health and safety of other people, we reserve the right either
      to:
      (a) immediately suspend your Licence pending an internal investigation to determine whether
      the breach is capable of remedy. Whilst your Licence is suspended you may not use the
      Boat to navigate in our Waterways until further notice from us and during the suspension the
      Boat must remain moored where specified by us unless you choose or you are directed by
      us to remove the Boat from our Waterways. or;
      (b) terminate your Licence immediately if we conclude that the breach is clearly incapable of remedy

      No refund will be payable for any period of suspension or for what would have been the
      remaining period of your Licence if it had not been terminated in accordance with this Condition
      8.3.
      8.4 If your Licence is terminated in accordance with this Condition 8, you agree that for the
      remainder of what would have been the Licence period, you will not apply for a new Licence and
      you will remove the Boat from our Waterways. Should you apply for a new Licence during this
      period, we will not consider the application.
      8.5 You have no automatic right under these Conditions to the renewal of a Licence. We will not
      unreasonably refuse to renew a Licence. If we do renew, we reserve the right to issue a Licence
      subject to such additional conditions as we see fit (including issuing you with a shorter Licence
      than you may have applied for). However, if we do refuse to issue you with a Licence, we will
      write and tell you why.
      8.6 Upon termination or expiry of your Licence, you are responsible for immediately removing the
      Boat from the Waterways. If you fail to remove the Boat, we may move or remove it in
      accordance with our statutory powers (and in some circumstances, we may have to dismantle or
      destroy the Boat in order to move or remove it). The Trust may recover from you any costs,
      charges and/or expenses we may incur in doing so (in accordance with Condition 6.5). The Trust
      will not be liable for any damage or losses you may suffer as a result of our action or inaction
      under this Condition 8.6.
      8.7 Any provision of these Conditions that expressly or by implication is intended to come into or
      continue in force on or after termination or expiry of the Licence shall remain in full force and effect.


      They claimed that the contract was not in force because they had issued the licence without proper consideration. They then spent three months trying to find a reason not to issue it, but they couldn't and had to finally issue it again.

      Comment


      • #4
        Re: cancelation of a contract ?

        Originally posted by waterworks View Post
        These are the terms and conditions http://www.google.co.uk/url?sa=t&sou...8fWAVWQSQnSTMA


        Termination
        8.1 We will write and tell you if we think you have broken the Conditions of your Licence. We will
        explain how we think you have broken them and how we think you can put things right. We will
        tell you how long you have to put things right. This time will be at least twenty eight days or
        longer if reasonable. We may extend the time if you write to us and explain why you need the
        extra time.
        8.2 If you do not put things right within the time we have given you, the Licence will end and you
        must remove the Boat from our Waterways. We will rebate the cost of the unused part of the
        Licence in accordance with our Refund Terms (details of which are set out in Schedule 4) as of
        the date on which you have removed the Boat from our Waterways.
        8.3 In the case of a serious or persistent breach of these Conditions, or where we reasonably believe
        that the breach may endanger the health and safety of other people, we reserve the right either
        to:
        (a) immediately suspend your Licence pending an internal investigation to determine whether
        the breach is capable of remedy. Whilst your Licence is suspended you may not use the
        Boat to navigate in our Waterways until further notice from us and during the suspension the
        Boat must remain moored where specified by us unless you choose or you are directed by
        us to remove the Boat from our Waterways. or;
        (b) terminate your Licence immediately if we conclude that the breach is clearly incapable of remedy

        No refund will be payable for any period of suspension or for what would have been the
        remaining period of your Licence if it had not been terminated in accordance with this Condition
        8.3.
        8.4 If your Licence is terminated in accordance with this Condition 8, you agree that for the
        remainder of what would have been the Licence period, you will not apply for a new Licence and
        you will remove the Boat from our Waterways. Should you apply for a new Licence during this
        period, we will not consider the application.
        8.5 You have no automatic right under these Conditions to the renewal of a Licence. We will not
        unreasonably refuse to renew a Licence. If we do renew, we reserve the right to issue a Licence
        subject to such additional conditions as we see fit (including issuing you with a shorter Licence
        than you may have applied for). However, if we do refuse to issue you with a Licence, we will
        write and tell you why.
        8.6 Upon termination or expiry of your Licence, you are responsible for immediately removing the
        Boat from the Waterways. If you fail to remove the Boat, we may move or remove it in
        accordance with our statutory powers (and in some circumstances, we may have to dismantle or
        destroy the Boat in order to move or remove it). The Trust may recover from you any costs,
        charges and/or expenses we may incur in doing so (in accordance with Condition 6.5). The Trust
        will not be liable for any damage or losses you may suffer as a result of our action or inaction
        under this Condition 8.6.
        8.7 Any provision of these Conditions that expressly or by implication is intended to come into or
        continue in force on or after termination or expiry of the Licence shall remain in full force and effect.


        They claimed that the contract was not in force because they had issued the licence without proper consideration. They then spent three months trying to find a reason not to issue it, but they couldn't and had to finally issue it again.

        I haven't read all this yet, because the question remains - what I have they have breached donyou want to do? What do you want to achieve? In other words, if it's sue them, what have they deprived you of? What is the loss? And why have you missed out?

        The reason I am asking is, that if they breached the contracts and you suffered no loss what is the point of looking further into it?
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Re: cancelation of a contract ?

          Originally posted by waterworks View Post
          These are the terms and conditions http://www.google.co.uk/url?sa=t&sou...8fWAVWQSQnSTMA


          Termination
          8.1 We will write and tell you if we think you have broken the Conditions of your Licence. We will
          explain how we think you have broken them and how we think you can put things right. We will
          tell you how long you have to put things right. This time will be at least twenty eight days or
          longer if reasonable. We may extend the time if you write to us and explain why you need the
          extra time.
          8.2 If you do not put things right within the time we have given you, the Licence will end and you
          must remove the Boat from our Waterways. We will rebate the cost of the unused part of the
          Licence in accordance with our Refund Terms (details of which are set out in Schedule 4) as of
          the date on which you have removed the Boat from our Waterways.
          8.3 In the case of a serious or persistent breach of these Conditions, or where we reasonably believe
          that the breach may endanger the health and safety of other people, we reserve the right either
          to:
          (a) immediately suspend your Licence pending an internal investigation to determine whether
          the breach is capable of remedy. Whilst your Licence is suspended you may not use the
          Boat to navigate in our Waterways until further notice from us and during the suspension the
          Boat must remain moored where specified by us unless you choose or you are directed by
          us to remove the Boat from our Waterways. or;
          (b) terminate your Licence immediately if we conclude that the breach is clearly incapable of remedy

          No refund will be payable for any period of suspension or for what would have been the
          remaining period of your Licence if it had not been terminated in accordance with this Condition
          8.3.
          8.4 If your Licence is terminated in accordance with this Condition 8, you agree that for the
          remainder of what would have been the Licence period, you will not apply for a new Licence and
          you will remove the Boat from our Waterways. Should you apply for a new Licence during this
          period, we will not consider the application.
          8.5 You have no automatic right under these Conditions to the renewal of a Licence. We will not
          unreasonably refuse to renew a Licence. If we do renew, we reserve the right to issue a Licence
          subject to such additional conditions as we see fit (including issuing you with a shorter Licence
          than you may have applied for). However, if we do refuse to issue you with a Licence, we will
          write and tell you why.
          8.6 Upon termination or expiry of your Licence, you are responsible for immediately removing the
          Boat from the Waterways. If you fail to remove the Boat, we may move or remove it in
          accordance with our statutory powers (and in some circumstances, we may have to dismantle or
          destroy the Boat in order to move or remove it). The Trust may recover from you any costs,
          charges and/or expenses we may incur in doing so (in accordance with Condition 6.5). The Trust
          will not be liable for any damage or losses you may suffer as a result of our action or inaction
          under this Condition 8.6.
          8.7 Any provision of these Conditions that expressly or by implication is intended to come into or
          continue in force on or after termination or expiry of the Licence shall remain in full force and effect.


          They claimed that the contract was not in force because they had issued the licence without proper consideration. They then spent three months trying to find a reason not to issue it, but they couldn't and had to finally issue it again.

          I haven't read all this yet, because the question remains - What do you want to achieve? In other words, if it's sue them, what have they deprived you of? What is the loss? And why have you missed out?

          The reason I am asking is, that if they breached the contracts and you suffered no loss what is the point of looking further into it?
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment

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