Monday 18 March 2013


 

Its a bargain or Trust?

 

The other day someone called to book me I work as a clown a children's party I said yes we discussed terms venue and time, and duly a confirmation email appeared. Then another email appeared two weeks later cancelling  the now confirmed booking. The child had changed its mind ( 3 years old) thank you very much and good bye . The mother sounded aggrieved  that I asked for a cancellation fee 50% of the agreed fee. I have not signed any contract was the repost . But had she?

            Contracts in this country  can take many forms verbal, legal, but often difficult to enforce. Written the most common to name but two. For a contract to exist the participants need to agree on three points Time , venue, and payment, at this point you can “Shake on it” “sign on the dotted line” or just put your hand up as in an auction. That's it the agreement , contract, deal , bargain is struck.

            It , and this is the important bit can only be dissolved mutually by both parties (effectively contracting again to break the first contract) or by the courts in a disagreement from either party. Not convinced , then lets look at some examples. Car insurance, written, try getting out of one of those. Verbal  Marriage verbal contract “I do” some say the strongest contract one will ever agree too. The courts exist to sort out the less obvious infractions. But we make and break contracts every day, what makes this incredibly  complex system work one thing, Trust.

            The mother in this dispute would have been peeved to say the least if on the day of the party I had not turned up she would never trust me again, and probably never book another entertainer again. That might be a good thing for other performers would you want to take a booking from someone who went back on there word?

            If instead the mother had come to me and spoken on the phone outlining the situation I would not be writing this now. I would have “ let her off “ now  I am the aggrieved party I could have lost a booking in the two weeks that I was contracted. I didn't as it happens and further I will try to get a booking from this date. Do I sue? In this case no I have spent at least one hour writing this missive and hopefully doing the right thing by not suing Ignorance is no defence in law . I hope she reads this, she knows who she is, now she might understand the consequences to others of her actions You can check anything I state in this blog and comment if you wish. In over forty years of trading this has only happened a very few times. Most people prefer trust not contracts.

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