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Termination of contract
3 weeks ago
I signed a life rights contract with a company and in agreement we agreed to get payment in 3 terms 1 at signing 2 at finalisation of actor 3 at commencement of shooting .. however it doesn’t happen they will pay me 10 lakh at at the end of 3 year.
Now I got to know there has Been no progress on the project it’s been 2 and a half year and I want to terminate the contract.
But as per company I can’t terminate since I don’t have the right to terminate, as per agreement I can only terminate if they don’t pay me.. kindly give me a solution to terminate the contract asap
A.Dear sir,
The right to terminate for violation of conditions cannot be curtailed. You may get issue legal notice or file a suit and terminate the contract.
The right to terminate for violation of conditions cannot be curtailed. You may get issue legal notice or file a suit and terminate the contract.
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A.Dear Client,
A contract giving no liberty to quit or terminate the contract in a specific situation that is not under the control of either person in the contract is considered a biased and voidable contract. The validity of a contract can be challenged based on Section 27 of the Indian Contract Act,1872 which prohibits any agreement/contract in restraint of trade and profession of a person. The law states that an agreement/contract will be illegal only if it prevents someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement/contract that directly or indirectly puts a restriction on him joining the competitor or other prospects is not valid. In the case where the company can prove that the person is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the person from joining the competitor. Further, Section 73 of the Act makes provision for un-liquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party Company. So, in the given situation, serving a legal notice to the Company, you can file a civil suit against the company seeking appropriate relief in the matter.
A contract giving no liberty to quit or terminate the contract in a specific situation that is not under the control of either person in the contract is considered a biased and voidable contract. The validity of a contract can be challenged based on Section 27 of the Indian Contract Act,1872 which prohibits any agreement/contract in restraint of trade and profession of a person. The law states that an agreement/contract will be illegal only if it prevents someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement/contract that directly or indirectly puts a restriction on him joining the competitor or other prospects is not valid. In the case where the company can prove that the person is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the person from joining the competitor. Further, Section 73 of the Act makes provision for un-liquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party Company. So, in the given situation, serving a legal notice to the Company, you can file a civil suit against the company seeking appropriate relief in the matter.
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A.Dear client,
Please verify with the terms and conditions of the contract verify with if the project has been suspended temporarily or permanently. you can send a legal notice to the company for breach of contract and non payment of the amount. Be in contact with the company constantly and if they do not communicate you can file a police complaint for cheating, check if the company went insolvent, if they did then the contract would automatically be terminated by which you can sue them
Please verify with the terms and conditions of the contract verify with if the project has been suspended temporarily or permanently. you can send a legal notice to the company for breach of contract and non payment of the amount. Be in contact with the company constantly and if they do not communicate you can file a police complaint for cheating, check if the company went insolvent, if they did then the contract would automatically be terminated by which you can sue them
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