Being sued for breach of contract - legal advice needed

bigjl

The time wasters contract is not worth the paper it was written on.

But get proper legal advice as already mentioned.

bigadaj

No contract has been formed. An offer, negotiation and counter offer were completed but no consideration, Ie exchange of money has been completed, so there is no contract to breach.

If you read any form of contract you'll see that there is always reference to a nominal exchange of monies, typically a figure of £1 is mentioned, which forms the contract when signed by both parties. This £1 almost never changes hands but demonstrates that the contract has been formed.

jenza8

Those figures are accurate, not a mistype. My fatger-in-law is going to take legal advice but I was hoping someone with a legal background might be able to set his mind at rest in the meantime as he's in his 70s and isn't eating or sleeping. I can't see how there was a legally binding contract but it would be good to hear that from someone who knows about the law. We will see what this man's solicitor says when we hear from him. Thanks to all who offered advice.

jenza8

Thank you bigadaj - that was our understanding of how the law worked in terms of verbal contracts but as I have no law qualifications, I wasn't sure if there was some loophole around this.

straighttalker

jenza8 wrote: »

Punitive or exemplary damages to punish him for not selling!

Neither type of damages exist in UK law. Another example of why you shouldn't believe everything you read on forums.

keithdc

bigadaj wrote: »

No contract has been formed. An offer, negotiation and counter offer were completed but no consideration, Ie exchange of money has been completed, so there is no contract to breach.

If you read any form of contract you'll see that there is always reference to a nominal exchange of monies, typically a figure of £1 is mentioned, which forms the contract when signed by both parties. This £1 almost never changes hands but demonstrates that the contract has been formed.

Well.... Thats just not true. The promise of consideration is enough.

An excellent example of why internet advice is dangerous!!!

jenza8

Those are the damages thar the man has said that he is going to sue for.
Do you have a background in law? The searching that I have done seems to show that you can get sued for that in the UK (from legal websites rather than forums ). It would be very reassuring if that was not the case.
Thanks

jenza8

keithdc wrote: »

Well.... Thats just not true. The promise of consideration is enough.

An excellent example of why internet advice is dangerous!!!

Can I ask what a promise of consideration involves? The man kept saying he was going to pay but payment dates came and went.

AdrianC

Somebody's clearly read about this case...

http://www.theboltonnews.co.uk/news/bolton/14217700.Porsche_loving_pensioner_duped_out_of/

Richard53

AdrianC wrote: »

Somebody's clearly read about this case...

http://www.theboltonnews.co.uk/news/bolton/14217700.Porsche_loving_pensioner_duped_out_of/

He was "fist in the queue", whatever that means ...


He paid a £10k deposit and had an agreement in writing, though, which is slightly different from the OP's case.