Consumer Contract Consideration

[scorched]

Hello I'm from Toronto Ontario Canada. I signed a contract for personal training with a gym called Premier Fitness. I want to get out of the contract but they won't let me stating that I'm past the cooling off period, which I am. However no money has officially changed hands yet, they started taking payments out of my fathers credit card which they were not authorized to do. Realizing their error they refunded my father the money. However I'm not giving them a cent because if I do then there is valid consideration for the contract to be binding. By not paying I believe the contract is void because officially no money has changed hands. Am I correct???

Thanks in advance,

Joel T

 

[Zigner]

Hello I'm from Toronto Ontario Canada. I signed a contract for personal training with a gym called Premier Fitness. I want to get out of the contract but they won't let me stating that I'm past the cooling off period, which I am. However no money has officially changed hands yet, they started taking payments out of my fathers credit card which they were not authorized to do. Realizing their error they refunded my father the money. However I'm not giving them a cent because if I do then there is valid consideration for the contract to be binding. By not paying I believe the contract is void because officially no money has changed hands. Am I correct???

Thanks in advance,

Joel T

Welcome to the Union!

(US Law Only)

 

[scorched]

Even if all I can get is what the US Law says that is a starting point, and thanks!

 

[racer72]

Even if all I can get is what the US Law says that is a starting point, and thanks!

The US has 50 states plus a bunch of territories. Each has it's own laws and they vary widely. None of them may be right for your situation.

 

[scorched]

Alright, well if anyone has info for the law in Ontario Canada, it'd be much appreciated. Even if you know offhand what it says in your particular state(s), it's all a help. Anything to kick-start a feeling that I may be on the right track ya know?

 

[DAD10]

I believe you are correct

 

[racer72]

Alright, well if anyone has info for the law in Ontario Canada, it'd be much appreciated. Even if you know offhand what it says in your particular state(s), it's all a help. Anything to kick-start a feeling that I may be on the right track ya know?

US law only.

 

[scorched]

Read the whole post next time Racer...

 

[swalsh411]

This forum is for US legal questions only. What part of that is not completely clear?

 

[scorched]

I've already stated clearly that I'll take ANY advice just so I know I'm on some kind of a right track. It's a free forum so I'm just trying everything as it takes nothing out of my day to do so...

 

[Indiana Filer]

I've already stated clearly that I'll take ANY advice just so I know I'm on some kind of a right track. It's a free forum so I'm just trying everything as it takes nothing out of my day to do so...

Well, in that case: 42.

 

[latigo]

I believe the contract is void because officially no money has changed hands. Am I correct???

No, you are not correct.

Canada and the USA share most of the same principles of ancient English Common Law, including Common Law contract law. And I can tell you that the above statement is totally contrary to those laws.

Premier Fitness promised to provide the facilities/services and you promised to pay for them – a promise for a promise – quid pro quo – a mutual undertaking. Hence, here or in Canada a binding contract was struck and you are stuck.

And ain’t going to get unstuck no matter how much you complain or argue irrationally about an “executory contract” * becoming unenforceable simply because one of the contracting parties refuses to perform as promised.


[*] Executory contract: That which is yet to be fully executed or performed; that which remains to be carried into operation or effect; incomplete; depending upon a future performance or event. The opposite of executed.