• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Verbal agreement to support reneged upon - breach of contract??

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Verbal agreement to support reneged upon - breach of contract??

    Morning,

    Can a verbal agreement to support (repair an issue) that is then claimed wrong to have been offered be breach of contract?

    E.g. a company repairs an expensive problem out of goodwill for Person A without explicitly accepting liability. Person B contacts the company with the same issue, company says they deal on a case by case basis, they don't think it's the same and not something they can support, but if it were the same it would be supported; if an independent report can provide supporting documentation they would look at it again.

    As I understand a contract is formed by two parties when an offer is made, and it is accepted and there's something of value given up. In this instance I suggest offer to repair was made based on provision of a report, accepted, paid for report (consideration, something given up).

    Company then realises their mistake in offering and back out by trying to say sorry and offer a small goodwill gesture as settlement. This offer is neither accepted or refused.

    What's the legal position please, can this be relied as breach of contract in a court?
    *
    Tags: None

  • #2
    In principle there must be offer, acceptance, consideration and a meeting of the minds which is often referred to as an intention to be legally bound.

    Its difficult to give any steer on this with only the limited info 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.

    Comment


    • #3
      Many thanks for the reply (some reason I didn't get notified). I appreciate the limited info makes it a bit more difficult... They probably didn't have the intention to be legally bound, no, so if that is a key component I don't think it'd work out.. Maybe it'd be worth trying though as just another argument in a case which could be weak on limitations to convince a judge not to strike or dismiss.

      However just to clarify in a real basic sense if I had agreed to do something in return for you doing something for me (and you did it, having paid for it), and I then don't keep up my end of the bargain, surely thats a breach in the simplest of forms?

      *

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X