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Legal advise - item damaged during alteration - Page 4

post #46 of 52
Quote:
Originally Posted by stilmacher View Post
No, I don't - only my tortoise frames.
Did you have them newly made? What shade are they? I am waiting for my tortoise-shell frames to come in.
post #47 of 52
This is NOT meant to interpreted as legal advice, but a contract does not have to be in writing to be enforceable. It could be an express oral contract where the terms are agreed upon orally or an implied-in-fact contract where the agreement is indicated by conduct and where performance indicates agreement. In any case, as someone else already mentioned, it is always better to resolve things in a peaceful manner. Good luck.
post #48 of 52
Quote:
Originally Posted by mishon View Post
This is NOT meant to interpreted as legal advice, but a contract does not have to be in writing to be enforceable. It could be an express oral contract where the terms are agreed upon orally or an implied-in-fact contract where the agreement is indicated by conduct and where performance indicates agreement.

I believe you are correct. The problem here is that without tangible evidence of an agreed to design or end result, the whole thing is left up to the personal interpretation of the two parties involved. Ones interpretation of the same conversation (oral contract) might legitimately vary from the others interpretation. If Stilmacher has any hope of satisfaction it would probably be on the basis of quality, which can be quantified to some extent, but is still open to interpretation.
post #49 of 52
Quote:
Originally Posted by tonylumpkin View Post
I believe you are correct. The problem here is that without tangible evidence of an agreed to design or end result, the whole thing is left up to the personal interpretation of the two parties involved. Ones interpretation of the same conversation (oral contract) might legitimately vary from the others interpretation. If Stilmacher has any hope of satisfaction it would probably be on the basis of quality, which can be quantified to some extent, but is still open to interpretation.
Agreed.
post #50 of 52
BBB is worthless. For the one customer in 10,000 that actually checks these things it's okay, and for the merchant who pays $500 a year for the sticker, it's a nice advert . . . that's about it.

First, send a letter rejecting the goods and explaining why they are unsuitable (reference the the agreement or understood work order as best as you can), then you don't pay the guy. Advise him that he can sue you for the work, but that you will counter-claim for your lost goods. If you do end up in your local version of small claims court, be prepared. Document what you paid for the belt, further document what it would cost to replace the belt.

Be prepared to demonstrate WHY the work is substandard and why the belt is useless.

At the end of the day, I wouldn't expect much success (the adequacy of performance is usually an objective standard - so if you're being picky, you're screwed), but if you're a man of principle . . .

The theme of your argument is this is an expensive luxury good (see what I paid), and an expensive artisan, the standards should be much higher. I know what I wanted, I showed him pictures, here are listings of these types of bracelets, it is incumbent on him to document the order, not me . . . it's his business, not mine. In essence, don't blame me for sending my wrong order back if the waiter failed to write it own.

The historical case that all you legal eagles are hinting around is Jacobs & Youngs v. Kent, or the "Reading Pipe" case. This should be required reading for any exacting and litigious customer, even though it carries virtually no weight these days.

There is no requirement that this particular contract be in writing, but it certainly makes things easier in most (but not all) cases.
post #51 of 52
Quote:
Originally Posted by TCN View Post
The historical case that all you legal eagles are hinting around is Jacobs & Youngs v. Kent, or the "Reading Pipe" case. This should be required reading for any exacting and litigious customer, even though it carries virtually no weight these days.

There is no requirement that this particular contract be in writing, but it certainly makes things easier in most (but not all) cases.

oh, yeah, that's a good case to read, decision by cardozo, i think. although contracts was by far my worst subject, even if the contracts professor was one of my favorite professors. i think we read the case as part of the remedies, but i guess it is also

i think there's another case similar to it that involved sheet metal walls for stores or factories, and the buyer being unhappy about the quality of the sheet metal. I think it was a Posner decision, something to do with objective versus subjective standards, and deciding that there should be a presumption for objective standards, which will not be as helpful for the luxury buyer. or something like that.

but isn't all of this going on in Europe?
post #52 of 52
Quote:
Originally Posted by NoVaguy View Post
oh, yeah, that's a good case to read, decision by cardozo, i think. although contracts was by far my worst subject, even if the contracts professor was one of my favorite professors. i think we read the case as part of the remedies, but i guess it is also

i think there's another case similar to it that involved sheet metal walls for stores or factories, and the buyer being unhappy about the quality of the sheet metal. I think it was a Posner decision, something to do with objective versus subjective standards, and deciding that there should be a presumption for objective standards, which will not be as helpful for the luxury buyer. or something like that.

but isn't all of this going on in Europe?

EUROPE???? F-it, he's on his own!

I love the Reading case, and yes it was Cardozo; well written opinion, but I remember reading it for the first time and thinking "this is horrible, if he spec'd Reading pipe, he should get freaking Reading pipe!"

I vaguely remember the other case you reference, it involved a General Motors factory and was from the early 80's or late 70's.
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