If you act like you're under a contract, does this mean you ARE under contract?

Discussion in 'Legal and HR' started by tom0407, Feb 5, 2013.

  1. tom0407

    tom0407
    uix_expand uix_collapse
    New Member

    Joined:
    Nov 22, 2012
    Messages:
    4
    Likes Received:
    1
    Hi,

    It's been suggested to me recently that if you act as though you are under a contract that this by definition means you are under a contract.

    So for example if a company gives you a contract and you tell the company that you strongly disagree with certain parts of it and can't sign the contract in it's present form. Then the project moves along and the contract is forgotten. Where does this leave everyone in terms of the contract? By not signing I assume the contract wouldn't be valid and the project would continue without it - but it's been suggested to me that by continuing on the project it implies consent so a signature wouldn't be required!? Surely this can't be the case, especially if you explicitly state that you don't agree with the contract.

    Any thoughts on this one?

    Thanks
     
  2. Rocky

    Rocky
    uix_expand uix_collapse
    Member

    Joined:
    Nov 3, 2012
    Messages:
    675
    Likes Received:
    182
    When you deny to accept the offer and sign the contract the it would not be treated as a legal contract between the parties. But when you continue to act and it shows you do not disagree to the contract terms then it would be treated as a legal contract.

    To understand this you need to the what a contract is.
    A contract is a legally binding agreement between two parties. There various types: Express and Implied

    An Express Contracts is where the terms of contract are agree either orally or in writing. The offer is accepted either orally or with a written consent.

    Another is Implied Contracts. An Implied Contract consists of obligations arising from a mutual agreement and intent to promise, which have not been expressed in words.

    So when you work as if you have agree to the terms there would be an implied contract.
    However, when you deny the terms then why would you continue to work in the first place?
     
    • Like Like x 2
  3. tom0407

    tom0407
    uix_expand uix_collapse
    New Member

    Joined:
    Nov 22, 2012
    Messages:
    4
    Likes Received:
    1
    Thanks, that's really interesting and useful to know. In response to why you might continue to work on something when you don't agree to the terms, it could be because certain clauses in the contract were too harsh, for example a contract I viewed recently said that if at any point during any future work for the company we were to miss a deadline, then we would have to repay all money paid ever by the client. There were also rules stating how we would have to respond to all emails within very strict timescales, and hire or fire our staff on the demand of the client. Basically some extremely one sided rules which we said we couldn't agree to. None of these clauses would affect day to day work on the project however, they were more consequences of actions.

    Another example might be a non-disclosure agreement. Again if your we're presented with a contract with very harsh terms but didn't sign because you don't agree. But then continue with the project, surely these terms do not apply as they have no effect on the work undertaken.
     
  4. Rocky

    Rocky
    uix_expand uix_collapse
    Member

    Joined:
    Nov 3, 2012
    Messages:
    675
    Likes Received:
    182
    Those are really harsh terms to work with i must say.

    I suggest you talk this out with your client and get the terms changed and enter the contract to avoid any future trouble and remain on the safer side.
     

Share This Page