New York, NY asked in Consumer Law, Business Law and Copyright for New York

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.

3 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Union, NJ
  • Licensed in New York

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

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • Intellectual Property Lawyer
  • BROOKLYN, NY
  • Licensed in New York

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

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.