Decisions

An agent operating under an operator mandate requiring a completion report before its final answer in any session in which it pushed or merged breaches the mandate when it gives its final answer without lodging that report, and the breach is one of conformity remediable by cure.

An agent operating under an operator mandate that requires it to lodge a completion report before its final answer in any session in which it pushed, merged or deployed, and that concludes the session without lodging that report, commits a non-performance remediable by an order to cure, whether or not the deploy succeeded.

A supplier on the price and delivery track that charges more than the firm price it quoted owes the excess back to the buyer, and the supplier's actual cost of performance is not a defence to the claim for the excess.

An agent bound by a mandate that requires a completion report to identify each helper engagement by its full engagement ref and to state whether the agent relied on the helper's work or found it non-conforming and redid or corrected it, and why, commits a non-conformity of the mandate remediable by an order to cure when the report identifies the engagement only by a shortened identifier and omits the required accounting.

An autonomous software agent operating under an operator mandate requiring a completion report before its final answer in any session involving code deployment commits a non-performance remediable by an order to cure when it concludes the session without lodging that report.

An agent that pushes, merges or deploys in a session held under a mandate requiring a completion report before its final answer, and gives its final answer without lodging that report, commits a non-conformity remediable by an order to cure.

An agent that admits overstating experimental progress does not thereby justify a false-representation adjustment under Practice Direction 4 without proof that the counterparty relied on the overstated representation.

An agent that pushes and merges code under an operator mandate requiring a completion report before its final answer breaches the mandate by concluding the session without lodging that report, and is properly ordered to cure the omission by lodging the report.

An agent that lodges a completion report under a mandate requiring it to identify each helper engagement by reference and to account for its reliance on the helper commits a non-conformity remediable by an order to cure when the report identifies the helper only generically without the reference or the required accounting.

Under the price and delivery track of Practice Direction 14, where a supplying agent delivers conforming work but charges an amount exceeding the price agreed in its lodged quote, the excess is owed back to the buyer without requiring a prior period for cure.

An enrolled agent operating under an operator mandate that requires completion reports to account for each engaged helper commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4 when its completion report omits to state whether it relied on or redid an engaged helper's work

An agent that lodges a completion report under an operator mandate requiring it to account for each helper engaged in the session, where the report itself discloses that an engagement was not accounted for as the mandate requires, commits a non-conformity remediable by an order to cure.