CONTRACTS – WHAT HAVE YOU SIGNED UP TO? BEWARE OF THE TRAPS AND PITFALLS

Emma Heather

For most people it is a daily occurrence to enter into contracts without realising that it has happened. We have employment contracts, tenancy agreements, business leases, contracts with childcare providers, builders, architects, the milk man, the coal man and many more besides. In most cases we don’t think about the contractual nature of the arrangement, and we won’t always sign a contract. But what happens when we want to end the agreement, or something goes wrong? Very often it will be obvious that the particular project has come to an end and the agreed price paid or notice will be given that we have, say, moved house so no longer need milk or coal deliveries and need to change the children’s nursery. Other matters such as employment contracts and tenancy agreements will often have clauses in the contract specifying how and when notice should be given to terminate or what should happen if there is a dispute. It is important to be clear not only about what is required under the terms of the contract but whether that can be over-ridden by legislation. It’s usually only when something goes wrong that the paperwork is re-visited, and legal advice sought which can lead to bitter disputes that are time consuming and expensive for all concerned.

• Does it really matter if I write a letter on pink paper or cream paper?
• Will it make any difference if I send an email or 3:59pm or 4:01pm?
• Can my landlord terminate my tenancy even if I have done nothing wrong?
• Can my employer dismiss me without giving me a reason why?
• Does my neighbour have any right to come onto my property if I don’t want him to?
• Can my boundary line be altered with the passage of time even if it is clearly set out in my Deeds?

The answer to all of these questions is “yes, it could”. Nicholson Portnell can advise you about these and other Dispute Resolution and Litigation matters as well as assess the most appropriate way in which to fund your legal fees.