Law question
- Thread starter Kritter
- Start date
There are multiple lawyers here. Shoot.
LeafOfFaith
Well-known member
Is “IANAL” some kind of admission or something?
manny
Well-known member
I think it’s usually used as a caveat.
For me, no comment on either whether IANAL. That’s between me and my wife/girlfriends/clients.
Kritter
Well-known member
Ok… lol
So I own a sales agency selling clothing to independent retailers here in Atlantic Canada. I represent several clothing manufacturers. Been doing it for 35 years and have had countless lines and have only ever signed 1 contract with a manufacturer. The business is basically divided into 2 seasons.. this time of year we are booking orders for spring and early in the year we do for fall.
I have represented 1 particular company for about 6 years now. For whatever reason they have become non responsive to me and it seems as if they are going to end our relationship.. (this is the shortened version of the story but the basics are there)
in this industry it is common courtesy to give a salesman a seasons notice before ending the business relationship and visa versa.
Essentially my question is…
This relationship falls under a “verbal agreement” … There is absolutely zero reason for them to be ending this relationship.
Does this fall under breach of contract?
So I own a sales agency selling clothing to independent retailers here in Atlantic Canada. I represent several clothing manufacturers. Been doing it for 35 years and have had countless lines and have only ever signed 1 contract with a manufacturer. The business is basically divided into 2 seasons.. this time of year we are booking orders for spring and early in the year we do for fall.
I have represented 1 particular company for about 6 years now. For whatever reason they have become non responsive to me and it seems as if they are going to end our relationship.. (this is the shortened version of the story but the basics are there)
in this industry it is common courtesy to give a salesman a seasons notice before ending the business relationship and visa versa.
Essentially my question is…
This relationship falls under a “verbal agreement” … There is absolutely zero reason for them to be ending this relationship.
Does this fall under breach of contract?
Dude.. ask a fuckin lawyer.
MindzEye
Wayward Ditch Pig
I mean....IANAL
But
When I see "common courtesy" and "verbal agreement" so close together in a paragraph, I work under the assumption that even if it's actionable in court, it's a fight that isn't going to be worth the lawyer bills and with an unpredictable as fuck outcome.
But
When I see "common courtesy" and "verbal agreement" so close together in a paragraph, I work under the assumption that even if it's actionable in court, it's a fight that isn't going to be worth the lawyer bills and with an unpredictable as fuck outcome.
MindzEye
Wayward Ditch Pig
I object, you're badgering the witness.
UWHabs
Well-known member
Yeah, them's a lot of weasely words. Sounds like you the sort of thing you could get a lawyer to fight on, but it's not gonna be an easy case to accuse someone of breach of contract if you don't actually have a contract with them.
But ianal too, and maybe there's some special "common-law business relationship" that could protect you. I'm sure it would depend a little on what the client is doing - if they simply stop the line of business or something, vs if they basically try to poach your relationship and cut you out.
Volcanologist
Well-known member
Not a lawyer but if it's not on paper you're going to have a tough time.
MindzEye
Wayward Ditch Pig
The problem though is that unless the verbal agreement included all the shit that a contract is required to have, it was never a legal verbal agreement.
So unless the way the business relationship could be ended was explicitly discussed and agreed upon by all parties, what agreement was he exactly breaching? Expecting him to understand the common courtesy your business operates under would be difficult to prove in court. Or expecting that "common courtesy" to be more than common courtesy (an actual legal obligation) is also a hell of a jump I'd think.
UWHabs
Well-known member
Yeah you might know the common courtesy of dealing with salespeople, but if they don't, and you don't have anything in writing, then they never agreed to that.
Verbal agreements from what I know are enforceable for what was discussed. If you say you're taking 10% of the deal, do the stuff, and come back and try to claim 20%, they can push back based on the verbal agreement. But outside of that and anything else explicit, they're not worth more than the paper they're not written on.
Verbal agreements from what I know are enforceable for what was discussed. If you say you're taking 10% of the deal, do the stuff, and come back and try to claim 20%, they can push back based on the verbal agreement. But outside of that and anything else explicit, they're not worth more than the paper they're not written on.
Kritter
Well-known member
This business agreement has been executed a millions times by 99% of all clothing manufacturers and agencies over the last forever… it’s an extremely common knowledge agreement in the business.
proving there was an agreement would be extremely easy..just the avalanche of emails until 2 weeks ago would even confirm this.
Habsy
Not playing around anymore.
Staying at a holiday inn express are you?