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Private Contractor Wanting to leave contract without financial repercussions.
Therealcbm
Posts: 1 Newbie
Hi everyone,
I am a self employed singer and I work as a private contractor with a band. I do not have a contract with this band and I want to leave without a notice period. The band-leader, however, claims that three years ago I agreed to a 6 month notice period (I have no recollection of this and find it doubtful that I would have agreed).
I wondered if anyone could tell me if his notice period is legally applicable and whether I can be sued for loss of earnings for upcoming shows?
My assumption is that, because there is no contract, he would have no leg to stand on. Is this correct?
Thank you
I am a self employed singer and I work as a private contractor with a band. I do not have a contract with this band and I want to leave without a notice period. The band-leader, however, claims that three years ago I agreed to a 6 month notice period (I have no recollection of this and find it doubtful that I would have agreed).
I wondered if anyone could tell me if his notice period is legally applicable and whether I can be sued for loss of earnings for upcoming shows?
My assumption is that, because there is no contract, he would have no leg to stand on. Is this correct?
Thank you
0
Comments
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A contract does not have to be in writing to be valid. Obviously it is far easier to prove what was agreed if it is written down but it is not the only way.
If there was a contractual agreement for six months notice and you fail to honour this then they could, in theory, sue you for any unavoidable losses this causes. Like any such claim they would have a duty to minimise their losses as far as reasonably possible.
Ultimately they would have to convince a judge, on the balance of probabilities (i.e 51%), that such a notice period had been agreed or was normal custom and practice in your field.0
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