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broken agreement.. moral dilemma

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  • broken agreement.. moral dilemma

    ex and I had an informal contract to agree in regard to votes made at a board level. She was the nominated Director for our voting share, I just the other joint shareholder.
    Despite our agreement, once we separated and before she sold her equitable share of the shareholding to me. She used her vote without first conferring with me. This caused me problems once I owned the full share.
    Question is, was our agreement a contract that became void after our separation?
    If not, then can (and morally should I) sue her for breach of contract?

    The agreement was not like a proper shareholders agreement, just a written and signed note to confirm between us to always confer and agree on the vote we made on each occasion.
    Tags: None

  • #2
    One of the lawyers posting here can advise on whether it was legally a contract but even if it were I can't see how a moral duty to sue for breach of contract arises. There isn't ordinarily a moral duty to sue for breach of contract and doing so is unlikely to improve your future relationship with your ex if there are still issues that require you to have continuing contact.

    Anyway what finacial loss have you suffered? What would you be asking the court to award you? It seems the voting right in the share now belongs to you and you are now the sole owner so presumably the 'informal contract' has expired?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      One of the criteria for being able to sue for breach of contract is that there should have been an intention to create legal relations.

      Also - How does the OP say things would have been different had things happened as with hindsight he wishes? Would the outcome have been different had this one vote been cast the other way?

      The answer to the question beginning with the word "Question" is no.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        I'm not understanding the company structure, but Directors has 'fiduciary duties' regardless -

        https://companieshouse.blog.gov.uk/2...pany-director/

        Comment


        • #5
          My guess is that this is a block of flats or similar where the freehold is owned jointly by the owners of the flats and the mechanism for doing this is by a management company in which each flat owns one share and has one vote. So if a flat is jointly owned then the share is also jointly owned. Hopefully i.dan will come back and confirm/comment.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Yes, the OP has started several threads about this case. Somewhere in it there is a leasehold flat.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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