Who's in breach of contract?

[the_tutor]

Ohio
I was under a 1yr contract that specified "Contractor will provide services within the Contractor's professional expertise. .. for a period of up to but not limited to one year..." Also states that "After the first year, this Agreement may be terminated by either party hereto by providing 90 days advance written notice of such termination to the other party..." The comp's owner falsely accused me and threatened me with a lawsuit (all in e-mail), what it lead me to want termination after 1 year. I sent a notice (30 days prior to 1 yr) and she rejected, saying that I just can send the note after 1 year, extending contract automatically to 1yr 3mo. She stopped mailing my payments as soon as she received note. Who's in breach of contract?

 

[Zigner]

Ohio
I was under a 1yr contract that specified "Contractor will provide services within the Contractor's professional expertise. .. for a period of up to but not limited to one year..." Also states that "After the first year, this Agreement may be terminated by either party hereto by providing 90 days advance written notice of such termination to the other party..." The comp's owner falsely accused me and threatened me with a lawsuit (all in e-mail), what it lead me to want termination after 1 year. I sent a notice (30 days prior to 1 yr) and she rejected, saying that I just can send the note after 1 year, extending contract automatically to 1yr 3mo. She stopped mailing my payments as soon as she received note. Who's in breach of contract?

It would be unwise and improper for any of use to guess at this. You need to consult with a local attorney.

 

[latigo]

" . . . . will provide services up to but not limited to one year . . . ."?????

What diseased squirrel drafted that "master piece"?

Do as Z suggests. Take the piece of junk to your lawyer and ask him to explain the doctrine of "certainty of contract".

 

[the_tutor]

It would be unwise and improper for any of use to guess at this. You need to consult with a local attorney.

I understand. My problem is that the owner not only is married to a lawyer, she has an attorney on retainer. And I can't afford an attorney. She is trying to have me sign a paper saying that I broke the contract.

 

[the_tutor]

" . . . . will provide services up to but not limited to one year . . . ."?????

What diseased squirrel drafted that "master piece"?

Do as Z suggests. Take the piece of junk to your lawyer and ask him to explain the doctrine of "certainty of contract".

The worst part for me is "After the first year, this Agreement may be terminated by either party hereto by providing 90 days advance written notice of such termination to the other party..."
I understand that the contract may be terminated after one year (the notice can be sent earlier than a year, as long as the contract will last a year or longer). The owner of the company says that I just can send a note after one year, extending the contract automatically...

 

[eerelations]

I understand. My problem is that the owner not only is married to a lawyer, she has an attorney on retainer. And I can't afford an attorney. She is trying to have me sign a paper saying that I broke the contract.

Interesting that she's trying to get you to admit you breached the contract. I mean, if you actually did breach the contract, she wouldn't need your signature confirming that, would she?

Whatever you did (breached the contract/not breached the contract, you probably need an attorney to tell you that), don't sign that admission.

 

[the_tutor]

Interesting that she's trying to get you to admit you breached the contract. I mean, if you actually did breach the contract, she wouldn't need your signature confirming that, would she?

Whatever you did (breached the contract/not breached the contract, you probably need an attorney to tell you that), don't sign that admission.

That's a good point! Thanks. She says I breached the contract because I sent the notice before the one year, although it was a 90 day notice and the period I stopped working was after 1 year.

 

[latigo]

That's a good point! Thanks. She says I breached the contract because I sent the notice before the one year, although it was a 90 day notice and the period I stopped working was after 1 year.

I don't think that its is a good point. I don't see how it can be construed as diminishing her resolve. I think it is a clever ploy on her part to try and bury you.

If it were to work, fine. She moves for a summary judgment on the grounds that there are no material issues of fact in dispute and it is simply a question of contract law.

PROVIDED that is, if a court were to find that an enforceable contract even exists. And to me that is the crucial point.

The wording you have quoted is so befuddled and perplexing I don't see how a court would be able to determine its period or length. Which is why I recommend that you have your attorney examine the entire document to see if it meets the standards of certainty of contract. But that is only one issue as there may be other unrevealed features rendering it ineffectual.

Another issue not yet mention is the question of how has she been damaged? You agreed to provide some form of unknown services. Services for which I assume she was obligated to pay.

So, you stop providing those services and in doing so you are in breach of an agreement to provide them.

Her only damages would be the difference in what you charged for the services and what she might have to additionally pay to replace them.

How did you get involved with this nut case anyway?