Hello all
Need a bit of help with a homework question!
So, Jill called a carpet laying company and stated to the carpet lady, Sally, on the phone, "
“Our plan is to remove the old carpet and install new floorboard instead"
and the carpet lady, Sally, stated: "We can do this for you at a great price"
Okay, so it turns out that Sally only meant the installation of the floorboards - this misunderstanding only came to light a few letters after the phone call where Jill stated that the quoted 1,000K for both removal and installation were indeed good prices, to which Sally replied... "I am sorry, I think you've misunderstood ... we only install floorboards, not remove carpets."
The contract that was sent from Sally to Jill stated (before the revelation that removal wasn't included"
"Floorboards & Co agree to supply and install floorboards at the location of the customer for a total price of $1,000." In the conditions, it states that a 50% payment prior to the work being undertaken must occur - does this matter?
The actual question is basically whether Floorboard's and Co have to remove the carpet now, because of the misunderstanding?
MY THOUGHTS
It appears that Jill is in the wrong here for not being clear enough.
The misunderstanding, 'good faith' so to speak will most likely hold in court?
No work had actually happened yet so it appears there's no financial (or otherwise) loss to Jill who may as well just find another contractor - UNLESS she is entitled regardless because of Sally's statement "We can do this for you at a great price."
Any help would be great with regard to this!
Need a bit of help with a homework question!
So, Jill called a carpet laying company and stated to the carpet lady, Sally, on the phone, "
“Our plan is to remove the old carpet and install new floorboard instead"
and the carpet lady, Sally, stated: "We can do this for you at a great price"
Okay, so it turns out that Sally only meant the installation of the floorboards - this misunderstanding only came to light a few letters after the phone call where Jill stated that the quoted 1,000K for both removal and installation were indeed good prices, to which Sally replied... "I am sorry, I think you've misunderstood ... we only install floorboards, not remove carpets."
The contract that was sent from Sally to Jill stated (before the revelation that removal wasn't included"
"Floorboards & Co agree to supply and install floorboards at the location of the customer for a total price of $1,000." In the conditions, it states that a 50% payment prior to the work being undertaken must occur - does this matter?
The actual question is basically whether Floorboard's and Co have to remove the carpet now, because of the misunderstanding?
MY THOUGHTS
It appears that Jill is in the wrong here for not being clear enough.
The misunderstanding, 'good faith' so to speak will most likely hold in court?
No work had actually happened yet so it appears there's no financial (or otherwise) loss to Jill who may as well just find another contractor - UNLESS she is entitled regardless because of Sally's statement "We can do this for you at a great price."
Any help would be great with regard to this!