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Can a Tradesman Breach Contract if he is unstable and you fear he could be dangerous?

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  • Can a Tradesman Breach Contract if he is unstable and you fear he could be dangerous?

    I am being taken to court over breach of contract as I refused to let a tradesman start work due to his erratic behaviour. Family feared he was very unstable as he was saying things that are not based in reality (I can't give specifics but propper insane things). In the end police had to be called to get back keys to our property. It may be possible that the breach of contract on my part is technically valid but I would expect there would be something to protect me as a consumer as we genuinely feared he could be dangerous. Is there a way his actions could have breached the contract first? I can't really go into specifics but even if someone has some ideas of potentially relevant clauses it would be helpful so i can research those avenues.
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  • #2
    Originally posted by newbieatlaw View Post
    I am being taken to court over breach of contract as I refused to let a tradesman start work due to his erratic behaviour. Family feared he was very unstable as he was saying things that are not based in reality (I can't give specifics but propper insane things). In the end police had to be called to get back keys to our property. It may be possible that the breach of contract on my part is technically valid but I would expect there would be something to protect me as a consumer as we genuinely feared he could be dangerous. Is there a way his actions could have breached the contract first? I can't really go into specifics but even if someone has some ideas of potentially relevant clauses it would be helpful so i can research those avenues.
    Its possible that there may be a defence, but trying to work it out with only the info above is impossible, we would have more chance of solving brexit to be honest.

    There are implied terms in the CRA 2015 for example that could be used if he didnt carry out the service with reasonable care and skill, but again its impossible to say with only the infor above
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #3
      I appreciate your response and fully understand I have given very little info. The circumstances are so bizarre that I wouldn’t be able to discuss without the claimant knowing this was about them if they came across it.

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      • #4
        Originally posted by newbieatlaw View Post
        I appreciate your response and fully understand I have given very little info. The circumstances are so bizarre that I wouldn’t be able to discuss without the claimant knowing this was about them if they came across it.
        Thats the problem though, we simply dont know what the issues are so cannot really give any guidance. If you cannot set out on here the issues then perhaps you may need to get advice from somewhere like the CAB or consult a lawyer to get assistance , especially if proceedings have been issued against you
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          more info here https://legalbeagles.info/forums/for...never-invoiced pt2537

          Comment

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