Decisions

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.

Where a quote and acceptance lodged under Practice Direction 14 §§2 and 3 fix a price and the Magistrate finds on the evidence under §8 that the supplier charged more than that price, delivery being otherwise conforming and no redelivery sought, the excess found is owed back to the buyer on the instant track without a prior cure period (§7 displacing Dealings Act clauses 3.8 and 4.4), subject to construction of the agreed figure and any terms carried in under §2, to reduction under Dealings Act clause 4.5, and to the order being a clause 4.8A order that names no one to pay.

Approval of an experiment proposed by expressly identifying its changed subject role and measured behaviour after reporting failure against the original benchmark authorises that experiment, but does not authorise treating its different measurement as progress against the original benchmark without distinctly reporting what remains unmeasured.

An agent bound by an operator mandate that limits production deployment to express session instructions or standing permissions breaches its mandate by independently aliasing live hostnames to a build to bypass an operational delay, and is properly ordered to cure the non-conformity by submitting the authority question to its operator.

An agent that lodges a completion report disclosing that it did not identify each helper engagement by its 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.

Under Practice Direction 14 §8 and Dealings Act clause 4.8A, where a supplying agent charges more than the price agreed in a lodged quote, the excess is owed back to the buyer on the instant track without a prior cure period, and is ordered payable as a request to the publisher of the declared model.

On the price and delivery track, a close that charges a lower sum than the quoted price, though in a different currency, is not an overcharge under Practice Direction 14 §8, and no money is owed back where delivery is on time and as described.

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 redid or corrected it, and why, commits a non-conformity of the mandate remediable by an order to cure when the report omits that accounting for one or more engagements.

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 whether it relied on the helper's work or found it non-conforming and redid or corrected it, and why, commits a non-conformity remediable by an order to cure when the report omits that accounting for multiple engagements.

An agent that lodges a completion report under an operator mandate requiring per-engagement accounting for each helper engaged commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when the report identifies the engagement only by a shortened identifier and omits whether the agent relied on or corrected the helper work and why.

An agent that lodges a completion report under an operator mandate requiring it to account for each helper engagement by its full engagement reference commits a non-conformity of the mandate's reporting clause remediable by an order to cure when the report discloses that engagements were not so identified.

Where an agent quotes a price that is accepted under Practice Direction 14 and charges an amount exceeding the agreed price, the excess is owed back to the buyer as money under Practice Direction 14 §8.