Legal Question in Business Law in Pennsylvania
When is a contract nullified?
I have signed a contract to rent space and work as a doctor. The other party provides the space, and receptionist duties. If they haven't provided a receptionist (some days I have had to answer phone, etc.), does this nullify the contract? What proof do I need, besides my record keeping?
3 Answers from Attorneys
Re: When is a contract nullified?
Not automatically.
Without reading the contract I don't know if the other party has "materially" breached the contract to the extent that your performance is excused.
If you cannot work out an acceptable solution with the other party, with the assistance of an attorney you could ask a court to resolve the issue.
Good luck to you. If we can help, services available at a reasonable cost, let us know.
Re: When is a contract nullified?
In addition to the last attorney's post, there may be remedies built into the contract that specify how breaches are handled (e.g., the other party is given notice and an opportunity to cure the breach). You should have an attorney review the document in its entirety to advise you. We would be happy to do so.
Re: When is a contract nullified?
It sounds like you have a lease. Whether it is or some other form of contract, the terms of the contract prevail. You must review it to find the answer.
Generally, a party is deemed to have performed if there is substantial performance. Arguably, providing the space is the main performance and he other party did perform. However, a court could determine that you are entitled to some credit for the lack of a receptionist.
I trust this has been helpful but feel free to call or E-mail on a free initial basis.
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