Constructive breach of contract

[Bev2007]

Is there such a thing in England as constructive breach of contract? This is not employment related - I entered into a contract with a company as a private individual for services and consider the actions they took gave me little option but to leave the contract early. The company is now seeking monies in lieu of notice and I am not at all inclined to pay. As we are now nearing legal action I was wondering if I have a leg to stand on!.............

Many thanks in advance for any input.

[MustafaTickl]

There is only breach of contract. Either your contractor conformed to the contract or he did not. There are no grey areas. Whether a breach is sufficient for you to repudiate the contract is very doubtful, the contractor must be given every chance to put it right. Being churlish, awkward or downright dilatory is not a reason to terminate - the contractor can do more or less what he wants so long as he finishes on time, to the quality and cost if there have been no variations and be late without penalty if the contract does not specify liquidated damages. You are quite likely liable for the contractors loss of profit plus general damages if all that happened is that you took a dislike to them and chucked them off.

[Bev2007]

well its not a builder its a private school. My son was bullied and I raised it again and again with teachers many times but they refused to take action until i had little alternative but to move him without giving the required terms notice.

[MustafaTickl]

In that case the matter is Breach of Duty. Breach of Duty is a failure to exercise that care which a reasonable company would exercise under similar circumstances. The test is whether negligence exists, that is "a failure to do something which a reasonable company would do, or conduct which a reasonable and prudent company would not do". If they issue proceedings you should enter a Counterclaim claiming damages for Breach of Duty.

[Bev2007]

lovely, thankyou very much