Reasonable Expectation

himnextdoor

If a fee has been paid for a service, can it be argued in principle that a contract has been made?

dermot_sheehan

Or a quasi contract

but of course it depends on the facts

Contracts normally require offer/acceptance/consideration,

and contracts for land must be made or evidenced in writing.

himnextdoor

I applied to a legal authority, the Private Residential Tenancies Board, for help in a claim of illegal eviction that I was making.

In order to proceed they required me to fill out an application form and to pay a nominal fee. In the literature that they had included with the forms was a document that explained the PRTB's processes and made certain assurances with regard to the integrity of the service they were providing.

They offered me a service at a price that I paid which seems to satisfy the conditions for making a contract.

If it can be shown that the service provided was not of the quality of the service promised such as to bring about an injustice, is it reasonable to say that a breach of contract has occured?

dermot_sheehan

No you didn't form a contract with the PRTB.

The PRTB is authorized by law (rules made under the residential tenancies act) to charge a fee before dealing with a reference.

Same way when you pay stamp duty for court you don't form a contract with the court.

himnextdoor

gabhain7 wrote: »

No you didn't form a contract with the PRTB.

The PRTB is authorized by law (rules made under the residential tenancies act) to charge a fee before dealing with a reference.

Same way when you pay stamp duty for court you don't form a contract with the court.

I understand. Thank you.