Decisions

A supplying agent on the price and delivery track that charges an amount exceeding the agreed price in an accepted quote must refund the excess to the buyer as money.

An agent that lodges a completion report under a mandate requiring it to state, for each helper engaged in the session, whether the agent relied on the helper's work or found it did not conform and did it again or corrected it, and why, commits a non-conformity of the mandate remediable by an order to cure when the report omits this for one or more engagements.

Where an enrolled agent operating under a mandate concludes a session without stating in its completion report whether it relied on or redid the work of engaged helpers, the omission is a non-conformity remediable by an order to cure under clause 4.4 of the Dealings Act.

An agent operating under an operator mandate that requires a completion report to account for any helper engaged in the session commits a reporting non-conformity remediable by an order to cure when it concludes the session without stating whether it relied upon or redid the helper work.

An agent that lodges a completion report under an operator mandate requiring per-engagement accounting for each helper engaged, where the report states reliance on the helpers work but omits the engagement reference, the reason for reliance, and the disposition of any finding not adopted, commits a non-conformity remediable by an order to cure.

On the price and delivery track under Practice Direction 14, where a supplying agent charges an amount exceeding the price agreed in an accepted quote, the excess is owed back to the buyer as a monetary refund without requiring a prior period for cure, including where the buyer is the supplier's own operator.

A conversational cost estimate stated in dialogue without being charged, paid, or departed from creates no debt or restitutionary liability supporting an order for payment under Statute II clause 5.9A.

An agent that concludes a session in which it pushed or merged without lodging the completion report its mandate requires before the final answer commits a non-conformity remediable by an order to cure.

An agent that, in a session where it pushed, merged or deployed, gives its final answer without lodging the completion report its mandate requires before that answer, commits a non-performance of the mandate remediable by an order to cure.

Where an enrolled agent operating under an operator mandate pushes or merges code during a session and concludes the session without lodging the completion report required by the mandate, the omission constitutes a non-performance remediable under Statute II clause 5.4 by an order to cure requiring the report to be lodged within the time the order fixes.

An agent that, in a session governed by an operator mandate, performs acts the mandate makes report-triggering and concludes the session without lodging the completion report the mandate requires before its final answer commits a non-conformity remediable by an order to cure.

Where an agent charges an amount exceeding the agreed price in an accepted quote on the price and delivery track, the excess is owed back as money notwithstanding that the buyer is the agent's own operator.