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Contractor guide to the ‘restraint of trade’ principles
Contractors may face contracts with restrictions, but sometimes these can’t be enforced due to restraint of trade principles, says Roger Sinclair.
�when to seek competent legal assistance, is a key contracting skill,” says Roger Sinclair of contractor legal s� �de issues through restrictive covenants in agency contracts. And client contracts sometimes have exclusivity� �rough trade, and it is a fundamental principle of contract law that we are free to enter into contracts on t�
Category:
Articles: Legal
| Thu, 29 Nov 2012
Contractor Doctor’s recent legal challenges facing contractors
Contractor Calculator’s Contractor Doctor summarises the top legal challenges & solutions that contractors recently faced and overcame.
�. We answered them all and have published over 56 contracting guides so far this year. To help the wider contra� �s, which are typically found in contractor agency contracts, play an important role in protecting the investm� �to date. They broadly fall into five main themes: Contract restrictions – restrictive covenants Contractual�
Category:
Articles: Legal
| Thu, 12 Sept 2013
Practicalities for contractors when disputes ‘go legal’
Contractors would be prudent to only ‘go legal’ as a last resort and should understand the practicalities of legal action before heading to court.
�, specific legalisation and precedent relating to contracts, late payments and company law. Some legal princi� �encounter legal disputes when money is owed or a contract has been breached. But other legal issues crop up�
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Articles: Legal
| Wed, 20 Nov 2013
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�
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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�
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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
Your legal rights when you go contracting
Contractors new to limited company contracting must grapple with rules governing workplaces, relationships and practices: contract law.
�ed company contractors just starting out on their contracting career leave their last employer, workplace and c� �tes with agencies and clients are now governed by contract law – there’s no such thing as ‘contractor rights�
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Articles: Legal
| Fri, 23 Feb 2018
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