Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is to keep the trees at a 50% discount.
A: You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other party's full consent. If the wrong trees were corrected, unless the agreement stated otherwise, the other party would not be entitled to a 25% discount.
Tim Akpinar agrees with this answer
A: Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: Despite your mistake, there is the question of whether the other side benefited from it while remaining silent. One of the contract law issues this raises is the element of unjust enrichment. Good luck
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