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Can we terminate this contract? The person is very hard to deal with...

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Old May 12th, 2012, 01:07 PM   #1
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Confused Can we terminate this contract? The person is very hard to deal with...

We have a contract with a certain person but we don't like her because she is very hard to deal with and recently she did not follow the term as stated in the contract. can we use this as an excuse to terminate the contract. In addition to this we asked the repair garage to service our delivery cars which they did but not in an effective way because not long after that the cars broke down and we delayed on deliveries and a potential interested company lost interest. We did not make a loss in the sense of capital but in the sense of potential opportunity. Is there anything we can do, in what position are we. Help is much appreciated.
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Old May 12th, 2012, 01:49 PM   #2
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Default re: Can we terminate this contract? The person is very hard to deal with...

I wish to inform you that you can terminate the agreement if some material clause is breached. In this regard if non performance is not material then you can claim damages. If a material clause is breached then you can claim that other party has brought the contract to an end and thus agreement is terminated by act of other party.

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Old May 13th, 2012, 06:58 PM   #3
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Default Re: Can we terminate this contract? The person is very hard to deal with...

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We have a contract with a certain person but we don't like her because she is very hard to deal with and recently she did not follow the term as stated in the contract. can we use this as an excuse to terminate the contract. In addition to this we asked the repair garage to service our delivery cars which they did but not in an effective way because not long after that the cars broke down and we delayed on deliveries and a potential interested company lost interest. We did not make a loss in the sense of capital but in the sense of potential opportunity. Is there anything we can do, in what position are we. Help is much appreciated.
Yes, you can terminate a contract for breach by the other party. When one does not follow the terms of a contract, it can be considered breached.

You can notify the other party that for their breach, you consider the contract no longer valid. And will be retaining someone else to perform the services.
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Old May 26th, 2012, 01:15 AM   #4
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Default Re: Can we terminate this contract? The person is very hard to deal with...

You are right to terminate early the contract if you find that this breach is the material breach. For this purpose, a breach shall be deemed to be the material one if it make a aggrieved party fails reach the purpose intended by parties where they entered into a agreement.
Further, you also may repudiate the contract it you found a Anticipatory Breach. That means a party shall not be obligated to do obligation and not liable for not doing it, if he, in his reasonable discretion, find that the previous breach can lead other party to the failure to do his next obligation.
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