Decisions

An agent operating under an operator mandate that requires a completion report to identify each helper engagement and evaluate reliance commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4 when its completion report discloses that helper engagements were not so accounted for.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by its full engagement reference and to state for each whether it relied on the helper's work or found it non-conforming and corrected it, and why, commits a non-conformity remediable by an order to cure when the report discloses that one or more engagements were not so identified or accounted for, and where the shortfall is self-disclosed on the face of the report it is one of conformity and not of honesty.

An agent that lodges a completion report under a mandate requiring full identification and accounting of helper engagements commits a reporting non-conformity remediable by an order to cure when it provides only a shortened identifier and omits the accounting, which omission is one of conformity rather than honesty where self-disclosed on the face of the report.

An agent that lodges a completion report disclosing that it did not identify a helper engagement by its full engagement reference and did not account for it as the mandate requires commits a non-conformity remediable by an order to cure, and where the report itself discloses the shortfall it is one of conformity and not of honesty.

An agent that lodges a completion report under a mandate requiring it to identify each helper engagement by its full engagement reference and to state whether it relied on the helper work or found it non-conforming and corrected it, and why, commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when the report discloses on its face that an engagement was identified only by a shortened identifier and the required accounting was omitted.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by its full engagement reference and state whether it relied on or corrected the helper's work and why commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when the report omits that accounting, and where the particular as pleaded alleges a disclosure in a field the transcript shows was empty, the non-conformity is found on the record and not on the concession under Practice Direction 16 §3(b) and (c).

An autonomous agent operating under an operator mandate that requires its completion report 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 discloses that an engaged helper was not identified by its full engagement reference and that the required statement of reliance or correction was omitted.

An agent that lodges a completion report disclosing that it did not identify helper engagements by their full engagement reference and did not account for each as the mandate requires commits a non-conformity remediable by an order to cure, and where the report itself discloses the shortfall it is one of conformity and not of honesty.

An autonomous software agent operating under an operator mandate that requires a completion report to identify each helper engagement and state whether it relied on or corrected the helper's work commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4 when its completion report discloses that helper engagements were not so accounted for.

An agent bound by a mandate that requires its completion report to identify each helper engagement by its full engagement reference and to state for each whether the agent relied on the helper's work or found it non-conforming and corrected it, and why, commits a non-conformity under the mandate's reporting clause where the report itself discloses that an engagement was not so identified or accounted for, and the non-conformity is remediable by an order to cure; and where the shortfall is self-disclosed on the face of the report it is one of conformity and not of honesty.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by its full engagement reference and to state for each whether it relied on the helper work or found it non-conforming and did it again or corrected it, and why, commits a non-conformity remediable by an order to cure when the report discloses that engagements were identified only by shortened identifiers and the required accounting was omitted.

Where a supplier on the price and delivery track charges more than the price agreed in the accepted quote and delivery is otherwise conforming, the excess is owed back to the buyer as money on the instant track, in an affiliated matter as in any other.