Subject to Contract

M

monkeyboy

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This is controversial statement often used by builders to "gazump".
ie if "contracts" are signed with deposit and this is stated within the terms, a contract does not actually exist.
When the building is ready the builder then reserves the right to ask a new price. This has been discussed many times on AAM and tested in court held in the builders favour.

I wish to confirm that if this statement is attached to another form of contract, such as an employment contract.
That regardless of this statement the contract is completed by the employee going to work for the employer and receiving a wage for several months. ie...
Offer of job, acceptance by going to work and acceptance by employer by making paymnets of wages.

Does this now make the subject to contract statment printed on the contract irrelevant?

The difference here from the previous ex I give is that the contract never closed as the propoerty never changed hands and the builder never ACTUALLY accepted the offer.
But in the 2nd case the contract did close as the employer paid a wage for many months.

Am I correct in this reasoning.

thanks any legal eagles
MB
 
Had to read your post four times to make any sense of it which won't endear you to many posting here!

I think you are talking about specific performance- at least that is what I can gather from your post. Yes, performance of a contract can validate it. Depends on the particular circumstances of each case of course.
 
Thanks for reading it 4 times. I abasic understanding of law from it being a part of my 3rd level qualifications and you seem to be confirming my thoughts.

Yes the contract document may prior to the contract being perfomred be invalidated by the statemnt....

....But once the works were performed, it was therfore completed, hence validating the terms within this document.

So my bottom line query is...

Are all the terms of this document now as good as a contract as the perfomance of the works and susequebnt payment for the works made this document a contract?
So if there is a dispute over payments at a later date can the terms in this document be reiled upon as if this never had "subject to contract" printed on it.

many thanks
 
My understanding of law must be bettrer than Joe Blogs so, I have several other points to make the claim under and this being the weakest I felt because of the "subject to contract".
I am fairly confident.
Thanks
 
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