cbg
Super Moderator
This is between the OP and the employer. IMO we are walking perilously close to giving direct legal advice here.
Letter of termination of contract
- Thread Starter Lesha619
- Start date
A few weeks back, I came here for some advice on a letter I wrote. I would say, the feedback wasn't too good. Lol. So I did some more research and received help from a law student and wrote this letter. I am aware that I can't get actual legal help here but just a thumbs up or down could help. I am OK with accepting my loses.
Here is the letter
March 8, 2021:
NOTICE OF DEFAULT & CANCELLATION
Dear Mr. XXX and Co., Ltd
Please allow this letter to serve as formal cancellation of the contract entered into
between you, (the company) and myself, (me) entered
into on xxx 1, 2020.
It is my position that you are now in default of the agreement as defined under Section 8
of the agreement. As the agreement notes:
The breach, violation or failure of either party to perform any material obligation contained in
this agreement shall be deemed an event of default (an "Event of Default"). Upon the occurrence
of an Event of Default, the nondefaulting party shall notify defaulting party, in writing, of such
event. The defaulting party shall have thirty (30) days to cure an Event of Default or five (5)
days to cure an Event of Default which relates to the non-payment of amounts owed hereunder.
The failure of the defaulting party to cure the Event of Default shall be deemed a default (a
"Default") under this agreement.
Our agreement provides for 12 months of specified work. Since October 2020, you have
not provided me with any work pursuant to the agreement. It is now March 2021. Your
deficiencies constitute a "default" under the agreement and therefore you are now on notice that
the contract shall be terminated effective immediately. No further fees or damages shall be
assessed, and the contract is to be terminate as null and void as if never entered into between the
parties.
Please do not hesitate to contact me with any questions. Please be guided accordingly.
THIS LETTER IS INTENDED FOR SETTLEMENT PURPOSES ONLY. NOTHING IN
THIS LETTER CONSTITUTES AN ADMISSION AND ALL RIGHTS ARE RESERVED.
Here is the letter
March 8, 2021:
NOTICE OF DEFAULT & CANCELLATION
Dear Mr. XXX and Co., Ltd
Please allow this letter to serve as formal cancellation of the contract entered into
between you, (the company) and myself, (me) entered
into on xxx 1, 2020.
It is my position that you are now in default of the agreement as defined under Section 8
of the agreement. As the agreement notes:
The breach, violation or failure of either party to perform any material obligation contained in
this agreement shall be deemed an event of default (an "Event of Default"). Upon the occurrence
of an Event of Default, the nondefaulting party shall notify defaulting party, in writing, of such
event. The defaulting party shall have thirty (30) days to cure an Event of Default or five (5)
days to cure an Event of Default which relates to the non-payment of amounts owed hereunder.
The failure of the defaulting party to cure the Event of Default shall be deemed a default (a
"Default") under this agreement.
Our agreement provides for 12 months of specified work. Since October 2020, you have
not provided me with any work pursuant to the agreement. It is now March 2021. Your
deficiencies constitute a "default" under the agreement and therefore you are now on notice that
the contract shall be terminated effective immediately. No further fees or damages shall be
assessed, and the contract is to be terminate as null and void as if never entered into between the
parties.
Please do not hesitate to contact me with any questions. Please be guided accordingly.
THIS LETTER IS INTENDED FOR SETTLEMENT PURPOSES ONLY. NOTHING IN
THIS LETTER CONSTITUTES AN ADMISSION AND ALL RIGHTS ARE RESERVED.
Why did you start a new thread when you already have a thread on this same exact subject?
zddoodah
Well-Known Member
That's rather obviously not true. Moreover, the only point of saying this, if it were true, would be to keep the letter out of evidence. Given your purpose in sending the letter, that's the last thing you want to do.
This statement, while possibly true, is completely pointless.
Also rather pointless (and at least a little untrue).
My only suggestion is that you think about every sentence in the letter and make sure you understand the meaning of things you are saying. While it's all well and good to have a law student ghost-write your letter, it is still your letter, and you're responsible for its content. If there are things you don't understand, you shouldn't include them.
adjusterjack
Super Moderator
How's this for an idea:
"Dear Sir, you haven't provided me with any work in 5 months. I quit."
Forget all the legalese contract BS. It's not going to help.
Not legal advice, just my 2 cents worth.
Zigner
Well-Known Member
In your other thread, you stated that you signed the 12-month contract on 3/30/20. Why all the fuss to cancel now instead of just letting it naturally expire in 22 days?
PS: I agree with adjusterjack.
EDIT: Oh, it appears there's some sort of auto-renewal provision that requires you to cancel no less than 30 days prior to the ending of the contract. Too bad that you've dilly-dallied for so long with this "termination" business that you've now gone past the time limit.
PS: I agree with adjusterjack.
EDIT: Oh, it appears there's some sort of auto-renewal provision that requires you to cancel no less than 30 days prior to the ending of the contract. Too bad that you've dilly-dallied for so long with this "termination" business that you've now gone past the time limit.
Last edited:
Zigner
Well-Known Member
Please ignore this post - nothing to see here...move along now.
army judge
Super Moderator
Not the best at forum posting... Obviously.
cbg
Super Moderator
Let's be clear.
There are limits to what an internet forum can provide. One thing we CANNOT offer is specific legal advice.
We CAN offer suggestions, a certain level of guidance, and describe past experiences. But if your expectation was that a message board could substitute for at attorney, your expectations were set too high.
There are limits to what an internet forum can provide. One thing we CANNOT offer is specific legal advice.
We CAN offer suggestions, a certain level of guidance, and describe past experiences. But if your expectation was that a message board could substitute for at attorney, your expectations were set too high.
I hope you get paid for this... You literally sit here all day with your sarcasm jokes and absolutely no advice. At least I'm trying to get somewhere with this. You... Internet troll.
OH, don't worry about my last post. Nothing to see here...
I am not asking for any specific legal advice of any sort. In my last letter, I noticed that the feedback I got was "poor!" so I went back and did more research. The feedback I got with this letter was a bit better. I'll take that as advice. Not looking for anyone to write the letter for me. I just need guidance within a field I know nothing about and clearly have no money to offer. I thank the people who understands that. There is another user here by the name of zddoodah or something close to that who has been extremely helpful. There was another user as well. I'll take any advice. Even the ones who told me to just get a lawyer which I did. Any bit of advice would help. Minus the people who are making me feel low during an already low part in my life.
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