Need legal term/law: I purchased product X but product Z is installed without my awareness?

Question

Bait and switch does not apply because it isn't an advertising issue.

I purchased top of the line Product X and Product Z bottom of the line product were installed without my knowledge.

Also, who is responsible the Retailer or the Installation company the original contract states Product X top of the line. I was not informed from either company I was getting a different product. I figured it out myself (thank goodness)

I have not paid my balance and the company is taking me to small claims court. I need the legal code so I can defend myself.

Need to add. The company called to say that product X was not available and I had to get product z on only a couple. I agreed but later found that additional products were swaped. Two issues i guess. I don't know why they would have lied but I did agree because they said I had no choice AND I found the additional swaps.

Answer 1

This is fraud or breach of contract. Fraud occurs when someone makes a false statement (you are buying X) that induces another person to take action on reliance upon the statement (purchase the product) to his detriment resulting in damages (wrong product, loss of money). Both are responsible. Make sure you figure out how to bring in the Installation company.

Breach of contract occurs when one party substantially deprives the other of the fruits of the contract. If you are arguing for yourself, make sure you make the point about how different X and Z are and that you would never have bought Z.

Hopefully you haven't signed anything accepting delivery.

Answer 2

This is probably a straight up breach-of-contract issue. You contracted for one product, and a different was installed without any change in the terms of the contract or notice given to you. Contracts are covered by the Uniform Commercial Code, which has been enacted in whole or in part by every state (only Louisiana, with its background in French legal tradition, hasn't enacted the whole thing) and the section you're interested in is § 2-608. If without your knowledge non-conforming goods are delivered, you may revoke the contract. You do need to have notified the other party of the defect within a reasonable amount of time, otherwise you will have waived your right to revoke.

That being said, you should probably contact a licensed attorney in your area for the law in your specific jurisdiction, and the Code is codified under different numbering regimes in every state. Exactly the way things went down is going to be important, and only a licensed practitioner of the law is going to be able to provide competent advice.

Either way, you do have an obligation to pay for the services that were rendered in conformity with the contract, whatever those may be.

Answer 3

This is a breach of contract.
The issue is as a matter of fact quite complex.It fall exactly in a well known gray area of law.
The outcome will basically depend on whether substitution Z for X is a substantial breach of contract. If it us substantial, then not only do you not have to pay but the contractor will have to cover the difference in expenses of Installing X by someone else.
If the breach is not substantial -- you will have to pay for installation.
The real issue is whether the breach is substantial -- this issue is very fact specific, and i cannot say more without knowing more facts.
I suggest you read the following case:

http://everything2.com/index.pl?node_id=1745645

It has VERY similar fact pattern to your case.

Answer 4

it extremely is criminal for a corporation to no longer settle for money. each and each company has it extremely is very own policies for merchandising, and determining to purchase. I certainly have seen a great company do the comparable element. they might not settle for money. the reason this company stopped accepting money is for the reason that they had shops throughout States - and that they have been being robbed by utilising their workers while they customary money. So! .. they formed the coverage of NO money money.

Answer 5

It is called Fraud which is a larger portion of bait and switch. This is common in the auto industry where they put "used" parts in and sell them as new.

Answer 6

Legal term: Microsoft. :D

Answer 7

Breech of contract or fraud, maybe.