cancelation of a contract ?

[waterworks]

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 ?

[jaguarsuk]

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?

[waterworks]

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?

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.

[jaguarsuk]

Re: cancelation of a contract ?

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?

[jaguarsuk]

Re: cancelation of a contract ?

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?