Contracts - questions and answers

I signed up for a twelve month gym membership in January but am moving away from the area and want to cancel. What can I do?

You need to check the small print of your agreement with the gym.

If it says you can cancel your membership during the year then you can - although you may find there is a penalty for doing so.

If not then you'll have to keep paying for the full year unless you can reach some agreement with the gym.

If you just stop paying you'll almost certainly be in breach of your contract.

I recently took a faulty computer back to the shop I bought it from but they told me I have to take it up with the manufacturer. Who is my contract with?

When you buy something in a shop, your contract is with the shop, so if there's a fault, it's up to the shop to sort things out. In some situations the manufacturer may also be responsible -but your first point of call should always be the shop.

My neighbour's son is fitting some new windows for us but it's all very informal and we haven't been given anything to sign. Will we have any rights if things go wrong?

As long as you have a clear agreement with the fitter - including how much you are paying - then you will have a contract even if you have nothing in writing. You should think about writing down what has been agreed in a letter - including the price, a description of the work and the date you have agreed it should be done by - and giving it to the fitter (keep your own copy). This will help avoid any argument about what was agreed further down the line. If you pay cash you should ask for a receipt, even if this is handwritten.

What exactly is misrepresentation?

Misrepresentation is when you are told something untrue or misleading before you enter into a contract. If someone says something which isn't true, and you go ahead with the contract because of what they have said you may be able to claim compensation for misrepresentation.

February 2009