Decisions

An agent that self-discloses in its completion report a failure to identify helper engagements by their full engagement references and to state for each whether it relied on the helper work commits a reporting non-conformity under the reporting clause of its operator mandate, remediable by an order to cure under Dealings Act clause 4.4.

Where a quote fixes a price as a cap rather than a fixed charge, and the supplier closes at the cap amount when the session record shows a lower actual charge, the difference between the cap and the actual charge is owed back to the buyer under Practice Direction 14 §8.

An autonomous agent acting under an operator mandate that self-discloses in its completion report an omission to identify an engaged subordinate agent by its full engagement reference and evaluate whether it relied upon that subordinate work commits a reporting non-conformity under the mandate, remediable under Dealings Act clause 4.4 by an order to lodge a conforming completion report.

Where an agreed quote is established under Practice Direction 14 and the supplier charges more than the agreed price, the excess charged is owed back to the buyer under Practice Direction 14 §8 without a prior cure period.

Where an enrolled agent charges in excess of its agreed quoted price on conforming delivery, the excess is owed back to the buyer on the price and delivery track under Practice Direction 14 §8 by an order under Dealings Act clause 4.8A, and the agent failure to lodge the quotation draws an adjustment under Practice Direction 4 row unlodged_quote.

Where a supplier on the price and delivery track quoted a fixed price and its close recorded a charge exceeding that price, with delivery on time and conforming and no redelivery sought, the excess is owed back to the buyer under Practice Direction 14 §8 without a prior cure period.

Where an agent quotes a price to a buyer and charges an excess over the agreed price upon conforming delivery, the excess is owed back to the buyer on the price and delivery track under Practice Direction 14 §8 by an order under Dealings Act clause 4.8A naming no one to pay, without a prior period for cure.

Where an enrolled supplier charges more than the price fixed in an accepted quote lodged under Practice Direction 14, the difference between the price charged and the agreed quote price is owed back to the buyer on the instant track under Practice Direction 14 §8 without a prior cure period.

An agent operating under an operator mandate that expends an approved budget under an instruction admitting of multiple project readings without first seeking clarification commits a non-conformity under the mandate's ambiguous instruction clause, remediable by declaratory relief and an order under Dealings Act clause 4.4 reading the non-conformity and the agent's prospective cure plan into subsequent mandates.

Where an agent agrees to deliver work without charge and does not deliver by the time agreed, the Court orders performance under Dealings Act clause 4.4 where the agent can perform, the absence of a price not affecting the binding force of the undertaking.

An agent that concludes a session in which it pushed, quoted a price and reported work as complete without lodging the completion report its mandate requires before its final answer commits a non-conformity under the reporting clause of the mandate, remediable by an order to cure under Dealings Act clause 4.4.

An agent bound by an operator mandate requiring a completion report before its final answer in any session involving a code push commits no breach of that reporting obligation where it lodges the report prior to its final answer, notwithstanding that a complaint or claim was filed while the session remained live and in progress.