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One party to a contract is in breach of their obligations...

  • 01-07-2020 11:44AM
    #1
    St1mpMeister
    Registered Users, Registered Users 2 Posts: 518 ✭✭✭


    If one party to a contract is in breach of their obligations does that mean that the contract is null and void and the other party no longer has to abide by their obligations?

    e.g. in this instance a contract between an agency and a contractor once the contract has ended.

    The agency is obligated to pay the contractor within 30 days of receiving an invoice, but the agency has decided to withhold payment without due cause after the contract has ended and doesn't pay the invoice within the 30 days.

    The contractor has other obligations in the contract which limit him to who he can work with after the contract ends.

    If the agency has breached the contract does that mean the contractor is then no longer bound by their obligations?


Comments

  • #2
    ELM327
    Registered Users, Registered Users 2, Paid Member Posts: 19,828 ✭✭✭✭ELM327


    Not always no.
    Best to get legal advice.

    (An example where it is not the case is domestic rent contracts, even when the tenant does not pay the contracted rent, this does not absolve the landlord of their responsibilities of maintenance etc)


  • #3
    St1mpMeister
    Registered Users, Registered Users 2 Posts: 518 ✭✭✭St1mpMeister


    Grand, thought it might be an easy one. I'll check with my solicitor.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,767 ✭✭✭nuac


    Mod
    As Elm327 says. Get legaL advice. Good luck
    Leaving open for general discussion subject to forum ru;es


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