Contract Dispute, Negligence, Misrepresentation, Misleading and Deceptive Conduct
You don't need a written contract to have a contractual dispute. A handshake, exchange of emails, text messages, or verbal agreement can all form a contract. In fact, in today's world, many agreements are made without a formal document. Too many people think that because they didn't sign anything there is no contract. Nothing could be further from the truth.
Contract variations
Even when there is a formal contract - usually at the back of a shelf - people make variations via email or verbal, which are not written down but have fundamentally changed the original deal negotiated.
For example, a building contractor quoted to dig and pour 2m deep concrete footings for an outback power station. However, once work began, it was discovered that 3m footings were needed to reach bedrock but the extra 1m of concrete was never documented. The Contractor had to sue to recover the extra $200,000 spent on concrete.
What is negligence?
Negligence is when a complete stranger causes you harm. For instance a car crash, slip and fall, or accident.
You are entitled to return to the position you were in before the accident occurred. This can often be a difficult process as insurance companies in particular will do all they can to reduce the amount they are required to pay out. Alternatively, they will drag the process out to wear you down. Getting the right advice on who is liable and the amount they are to pay you, is vital to your claim.
Act early
If someone has made a misrepresentation to you or been misleading and deceptive in a transaction with you, it is important that you raise that issue as soon as possible.
If you do not, and you continue with the deal even after someone has clearly deceived you, then you may be seen to be waiving your rights to object, and agreeing to the new agreement that is not what you originally intended. Or, if a sales person made certain promises that induced you into a deal that weren't true, then you may be entitled to unwind the transaction and receive your money back.
Either way, it's important that you get good legal advice on your rights early on. We can advise you on your position and your rights if you have a contractual dispute, have been misrepresented, or have been the victim of misleading or deceptive conduct.
Contact Ricketts & Associates to find out how we can help you.