Contracts

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classic33

Leg End Member
Not asking for legal advice, this isn't the place, just personal opinions on this.

You enter into a contract with a company and at a later date you find that the company has never legally existed. Company information from another company, no longer trading, used, by them.

Where does that leave you? Is the contract null & void or are you still tied into it?
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
Not if it doesn't exist.
 

Shaun

Founder
Moderator
How long has the contract been running and has it operated (on both sides) in what you would call a "normal" manner - everyone fulfilling their part of the contract?
 
OP
OP
classic33

classic33

Leg End Member
How long has the contract been running and has it operated (on both sides) in what you would call a "normal" manner - everyone fulfilling their part of the contract?


A while now. However the fact that the other side didn't exist as given wasn't found out until a call from the HMRC, to "attend a meeting" with them (HMRC).
The other side has started getting "shirty" & at times made changes made to suit them throughout.
 

ASC1951

Guru
Location
Yorkshire
It depends which way round it is. If "the company" owes you money or goods/services, and you reasonably did not know that you were being misled, you can enforce the liability personally against the individuals who claimed to be its directors. You can enforce it as a contract claim or as damages for fraud. They would have to owe you a lot and be able to pay it for that to be worthwhile.

OTOH if you owe "the company", no, it can't enforce the obligation because it doesn't exist. But note that you will become liable if you carry on trading with those individuals after you discover the truth, because you will have created a new contract.
 
Theoretically a contract must be between two legal entities - so it wouldn't be valid. But I'll bet that there is plenty of case law which states otherwise.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
Is this employment related ? Or a business contract ?
 
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