Contract Law

Axis64

Axis64

Axis64

Associate
Joined
9 Nov 2003
Posts
1,138
Location
Peterborough
I just need to know if I have a contract that has a statement in that’s not true and I am 100% sure that the statement is not true, does it make the contract null and void??

My childminder has in her contract that no animals are present at her setting but she has a dog, she conducts her childminding in her conservatory but the only way for the bog to go out during the day is through the conservatory and the children she looks after that are old enough to use the toilet (which mine is) have to go through her house to you use it, now to me that makes the whole house the setting of her business and not just the conservatory.

Am I right in what I am thinking?

Thanks for you help
 
I think we need some more context - have you signed a contract for her to provide X weeks care, and you wish to stop this before the X weeks are up because of this issue?
 
Its nothing to do with the dog issue at all, thats doesnt bother me but I do have to give her 4 weeks notice and if it comes to it and I want my son to leave there straight away I will have to use that to not pay her for 4 weeks.
 
An incorrect statement might constitute 'misrepresentation' in which case its probable the contract would be 'voidable' which means it continues to be valid until you decide to void it.

However with something minor like this it sound like it might just be a warranty in which case iirc you can only apply for damages not repudation of the contract
 
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The voiding might be limited to certain clauses.

You'd also struggle to get out of paying it if you've known about this for ages and you're just now using the dog issue to wiggle your way out of the notice pay.
 
daver said:
An incorrect statement might constitute 'misrepresentation' in which case its probable the contract would be 'voidable' which means it continues to be valid until you decide to void it.

However with something minor like this it sound like it might just be a warranty in which case iirc you can only apply for damages not repudation of the contract
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Exactly my view as well.
But of course you would run into issues if you had deemed to have accepted it by going ahead with it from the point when you had become aware of an issue with said contract. IE you couldnt keep this fact to yourself and rely on it in 2 years time IF it could be proven you had become aware of the issue.
 
Axis64 said:
Its nothing to do with the dog issue at all, thats doesnt bother me but I do have to give her 4 weeks notice and if it comes to it and I want my son to leave there straight away I will have to use that to not pay her for 4 weeks.
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Hardly seems fair then does it - she's doing a good job and you don't object to anything she does in any way. Yet you are looking for loopholes you can use to shaft her for your own benefit?
 
[TW]Fox;19114533 said:
Hardly seems fair then does it - she's doing a good job and you don't object to anything she does in any way. Yet you are looking for loopholes you can use to shaft her for your own benefit?
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She's not doing a good job at all, that's the biggest issue we have.
 
Axis64 said:
I just need to know if I have a contract that has a statement in that’s not true and I am 100% sure that the statement is not true, does it make the contract null and void??

My childminder has in her contract that no animals are present at her setting but she has a dog, she conducts her childminding in her conservatory but the only way for the bog to go out during the day is through the conservatory and the children she looks after that are old enough to use the toilet (which mine is) have to go through her house to you use it, now to me that makes the whole house the setting of her business and not just the conservatory.

Am I right in what I am thinking?

Thanks for you help
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If you do not like it move to another child minder or ask her about this, I'm pretty sure they have the premises inspected too so if she has animals she should have that contact altered. I'm curious though - why place your child with someone knowing this, surely you'd have checked out the house and facilities etc first? I'm damn sure I have.

Our child minder has 2 dogs, 2 cats, 3 rabbits and a lizard. I don't see the problem if they're trained and the kids are supervised, it's not like the animals are in the same room as them.

If you aren't happy you have a contact which states a separation period - use it and terminate the contact, it's usually 4 or 12 weeks.
 
vonhelmet said:
Then cancel the contract on the grounds that her childminding is rubbish. Just don't expect the dog argument to stand up when you manifestly don't care about that.
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There is normally a clause in these things which states that a certain level of service/care will be provided. I'd agree with vonhelmet - you're looking at the wrong reason to cancel the contract.
 
Can we ask what the issue is with the childminder?

*not a legal eagle diclaimer!*
You have a contact with her to look after your child and provide a duty of care, if you want to remove your child immediately then that indicates she has not fulfilled her side of the deal, that in itself voids the contact doesn't it?

If you post the actual issue then people might be able to give more specific advice.
 
You really are going about this the wrong way, if you are unhappy with the care she is providing then that is why you should take your child out of her care, don't try and weasel your way out by some contract technicality.

Also a few general pieces of info, childminders certificates can define areas of the home which can and can't be used for childminding, moving to and from these areas does not constitute "use" of the others areas, also animals are never (at least I didn't see one in 3 years) on certificates, child minders aren't even required to inform Ofsted about them, though some do. An inspector might ask them about any animals they have to make sure they are kept properly and the children aren't at any risk but I've never heard of anything in terms of requirements being set for them, I worked for Ofsted for nearly 3 years and neither of these things has changed since I left.
 
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If the clause goes to the root of the contract it is labelled as a condition and if is breached then the contract is voidable. Whether such a clause is actually a condition is highly debatable. Otherwise there is just a breach a warranty which does not make it voidable and only permits a claim in contractual damages (no loss, no claim).

In short, it's not a solid legal ground for terminating the agreement and if you terminate for that reason you would probably have a strong legal case against yourself.

If you must get rid of her, use it as a bargaining chip.
 
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Nitefly said:
If the clause goes to the root of the contract it is labelled as a condition and if is breached then the contract is voidable. Whether such a clause is actually a condition is highly debatable. Otherwise there is just a breach a warranty which does not make it voidable and only permits a claim in contractual damages (no loss, no claim).

In short, it's not a solid legal ground for terminating the agreement and if you terminate for that reason you would probably have a strong legal case against yourself.

If you must get rid of her, use it as a bargaining chip.
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Listen to this man, he knows what he's talking about :p
 
Gibbs-UK said:
As far as I am aware if the contract, if there is a breach in contract then this contract can be a void
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It would depend on how serious the breach is and indeed whether the contract has any terms (explicit or implied) that deal with possible breaches of contract and remedies for said breaches - if it does then they will normally take precedence. Do not assume that just because a contract is breached that you can void it either at the date of the breach or have it declared void ab initio.
 
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