So what precisely did you and other party agree to under the contract? What exactly did the company promise to do? And how much did you agree to pay? We’re talking here about the terms of the contract. Some terms may be expressly negotiated, agreed and laid down within the contract. Other terms may only be assumed or implied – terms which are not stated because they are obvious, or because they relate to the statutory rights of the consumer. Whether they are mentioned in the contract or not, it is crucial to understand the relative importance of each of the contract terms, as it will have implications for how each party is able to proceed if one of those terms is breached.
Where a term is fundamental to the contract and a breach of that term has had significant consequences for you, you have the right to terminate the contract and sue for damages. If a contractual term has been broken without any significant consequences, you may not have the right to terminate the contract, but you can still sue for damages.
See also contract terms with regard to price and timescale
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Hi guys,
I entered a mobile phone contract about a year ago, on an 18 month contract, and I now want-out of my contract. My friends tell me that because my contract was organised over the internet and I didn’t sign anything, the contract isn’t legally binding and I should be able to cancel my contract without any trouble. Is this true?
Any help would be really appreciated.
Thanks in advance.
James
You don’t have to physically sign a document for a legally binding contract to exist. I’m afraid there may not be much you can do, particularly as quite a long time has passed since you initially signed up for it and your coooling off has long since expired. If you entered into the contract over the internet, you could claim that the contract is legally unenforceable if any of the conditions of the distance selling regs were not met – see the section on distance selling for these, but if it is a large network provider it’s unlikely this will be the case as their procedures are usually watertight. Have a look at the consumer buyer guide on mobile phones (section on ‘choosing the right network’) for more info on legally binding contracts. It is highly probable you will have to rely on the provider’s goodwill to get out of the contract – but I have done this before, just talk nicely to them!
I just joined LA Fitness on 12 November 2008 but on 18th decided that I want to cancel the contract due to moving abroad. I sent them a letter and also called them on the Customer Service on 20th November 2008 as instructed and I was told that I cannot cancel my contract and if I did I will be liable to pay a cancellation fee on £100. I have not used the facility evebn for a single day and wrote the letter on 17th November 2008, which was a Monday.
Am I within my rights to cancel the membership?
Jagdeep, I’m afraid there is no cooling off period in this case unless specified in your contract (which I doubt). In all likelihood you will be tied into a legally binding minimum term contract and will have to pay their cancellation fee regardless of the circumstances. If you have written to them explaining the reasons for cancelling, they may allow you to pay less as a goodwill gesture, although this is entirely at their discretion.
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Basic T&C included 12 month guarantee & fit for purpose
Less than 6 months later inside of shed is damp and full of mould not to mention damage to personal belongings
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Thanks in advance
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