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Force majeure and frustrated contracts - guide for contractors
Contractors may find the principle of frustration and clauses headed with ‘force majeure’ could provide contractual relief, says Egos’ Roger Sinclair.
�alone.” Force majeure is used in most contractor contracts Force majeure clauses will appear in many contrac� �find that the legal principle of frustration, and contract clauses under the heading of ‘force majeure’, cou�
Category:
Articles: Legal
| Tue, 10 Dec 2013
Contracts tainted with illegality are unlikely to be enforceable
Contractors who enter into a contract that is ‘tainted with illegality’ may find that the agreement is unenforceable, explains Roger Sinclair of Egos.
�therefore unenforceable will be obvious, such as contracting with a former employer for tax evasion purposes.� �lair. “In the past, this has been held to include contracts 'tending to promote sexual immorality'. In 1866 a� �Contractors entering into a contract that is proved to be ‘tainted with illegality’ ma�
Category:
Articles: Legal
| Tue, 30 Sept 2014
What contractors can do when a contract falls through
Contractors can choose the legal route if jilted by an agent before a contract starts, but in many cases it’s best to take it on the chin and move on.
�ewal , or revalidate the old one before the first contract's term is up. Contractors shouldn’t delay as they m� �ind of loss as one of the risks and perils of the contracting business. When workers choose to become contracto� �ors looking for work typically apply for multiple contracts simultaneously. That usually means that once they� �Contractors who have a contract cancelled at the last minute can seek legal redre�
Category:
Articles: Legal
| Wed, 12 Nov 2014
How contracts are formed in English law
Contractors benefit from a basic understanding of how contracts are formed in English law so they know when to seek professional help.
�that has a certain and unambiguous meaning. In a contracting context, is it clear who the client is? Is it cle� �Contractors deal with contracts all the time – the clue is in the name. Contract� �contracts all the time – the clue is in the name. Contract law is a complex area, in which some lawyers spec�
Category:
Articles: Legal
| Thu, 06 Aug 2015
How to break free from a restrictive covenant following a client/agency dispute
Find out how you could potentially break free from a restrictive covenant and continue contracting when the client/agency relationship breaks down.
�If you’ve lost a contract due to a breakdown between your agency and the cl�
Category:
Articles: Legal
| Mon, 13 Feb 2017
What contractors should do about late payment
Late payment can become a thorn in your side. You do have some recourse if it does.
�ute a significant breach in and of itself.'' Some contracts have terms that make this clear but for those tha� �me to get the last payment under the terms of the contract, it may not just be late, it may never come. To r�
Category:
Articles: Legal
| Thu, 25 May 2017
Restraint of trade rules do not mean contractors can bypass the agency
Restraint of trade is generally frowned on by UK courts. Roger Sinclair of Egos explains that the law protects both contractors and agencies.
�the restriction sets out to prevent, such as not contracting directly with the client or placing a geographica� �erentem’, and is designed to encourage clarity in contracts. Restrictive covenants are in place to protect th� �a restrictive covenant in their agency or client contract should not automatically assume that by applying�
Category:
Articles: Legal
| Wed, 01 Sept 2010
Contractors can circumvent poor agents that fail to adhere to the Conduct Regulations
Agencies failing to obtain a contractor’s opt-out from the Conduct Regulations at the right time can be circumvented, says Egos’ Roger Sinclair.
�ut, even if they sign a piece of paper, such as a contract, saying that they do.” This means that if an agen�
Category:
Articles: Legal
| Tue, 23 Nov 2010
Terminating a contract when you have no termination or notice clause
Contractors have limited options when trying to exit a contract that has no notice or termination clauses, explains Roger Sinclair from Egos.
�apply As Sinclair explains, if the contractor is contracting via an agency, and has not specifically opted out� �, contractors should examine the wording of their contracts before signing them. If the contract is clearly a� �actors have limited options when trying to exit a contract that has no notice or termination clause. By leav�
Category:
Articles: Legal
| Tue, 13 Sept 2011
How contractors should confirm contractual agreements via email
Ideally, contractors should never start work on a project until they have a signed contract, but arrangements can be confirmed by exchanging emails.
�umbrella company and the agency, or the client if contracting direct Rate of pay, hourly or daily, and whether� �ntract? There are three essential elements to all contracts under UK law, and these elements would normally f� �Contractors should always have a signed contract before they start working on a project or at the�
Category:
Articles: Legal
| Thu, 03 Sept 2009
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