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contract law where one party gets convicted

  • 28-07-2015 1:31pm
    #1
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭


    A and B have entered into a contract where B will supply, lets just say, a telecom service to A for some price for a fixed minimum term.

    B gets convicted subsequently of a criminal offence.

    A does not want to continue to do business with a criminal organisation.

    Could A rely on a general method of terminating the contract or would they have to rely on agreed terms

    Hypotethically speaking of course.


Comments

  • Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    In general, they'd have to rely on the contract terms dealing with termination.

    The obvious exception would be where B's criminal conviction had some bearing on his ability to provide the service. B is convicted of a motoring offence, for example, and the contract is one under which B provides driving services. Or B is convicted of an offence of dishonest, and the contract requires him to occupy a position of trust. But if the only issue is that A doesn't want to do business of any kind with the kind of person who gets convicted of urinating in the street, that doesn't entitle A to terminate his contract in breach of its terms.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Generally no unless the contract has behaviour requirements in it like certain employment contracts.


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