We both knew the situation, even though there was no document he knew I was going to fix it and I knew when and where I had to fix. Can he charge me for the work that someone else did even though we agreed that I would do it?
2007-07-16 04:57:54 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
are you a renter? did you mess up the lawn?
2007-07-16 05:01:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The posters above have a good point--that is did you cause the damage. If so, you were obligated to have it fixed and you may owe him what it would have cost you to fix it minus any costs you already spent and the cost of your time.
HOWEVER, if this is not the case....
There doesn't seem to be any consideration (giving up of something) to solidify the contract.
He CANNOT charge you UNLESS you had promised to do the work by a certain date and failed to do so at which time he got someone else. Then you would be the one in breach. If he were to charge you, he would get a windfall (double payment).
However, he would argue that there was no contract as there were no witnesses and it's your word against his.
My advice would be to drop it at the status quo--you don't get anything from him, he doesn't get anything from you.
And don't work with him again ;)
2007-07-16 12:03:31 · answer #2 · answered by immortality1231981 3 · 1⤊ 0⤋
Had the time you were supposed to fix it passed before he got someone else to? If not, then he cannot make any claims against you. After all, he cannot say that you did not do the job if the time when you had agreed to do it had not come and gone. In fact, you may be able to claim against him for frustration of purpose, since he took steps that made it impossible for you to complete the contract, but that may be difficult.
2007-07-16 12:03:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
More facts would be needed to be certain, but it sounds like you had a "unilateral contract", since I don't see that he was expecting performance at a specific time.
That means that he promised to pay you conditioned on your performance.
You didn't perform, so you owe him nothing under any circumstance.
He only owes you if you spent money taking reasonable steps preparing to perform.
2007-07-16 12:07:14 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
I'm not a lawyer, but it sounds like a "his word against yours" situation. Without a written contract there is no proof that either one of you made a agreement.
2007-07-16 12:07:50 · answer #5 · answered by missmuffin 5 · 0⤊ 0⤋
sorry but you do not give enough details to really give a clear answer -- but if you read all of the answers thus far you should be able to piece them together and have your question answered.
2007-07-16 12:10:56 · answer #6 · answered by mister ed 7 · 0⤊ 0⤋
Yes he can.
2007-07-16 12:02:14 · answer #7 · answered by Atavacron 5 · 0⤊ 0⤋