Discussion
tenpenceshort said:
Zeeky said:
I think you mean prinicipal. That makes more sense.
What I meant is that in the OPs dispute 'ClickMechanic' is claiming to act as agent for the principle (the mechanic themselves). Looking at the site and the T&Cs, it doesn't seem to explicitly state this and it looks to my untrained eye as being a situation where there's an undisclosed principle.A punter looking at the contract could understandably believe they were contracting only with ClickMechanic.
In that sense, couldn't (or wouldn't) the agent then become liable under the common law agency rules regards undisclosed principle?
exactly the stuff I am after
tenpenceshort said:
Efbe said:
Cheers 10pence
exactly the stuff I am after
Just remember I'm not a lawyer and I wouldn't like you to hang your hat entirely on my ramblings.exactly the stuff I am after
I'm pretty certain I have a few angles of attack.
contract not introduced properly.
not obvious it's an agent.
contract formed prior to mechanic being assigned.
company held the expertise in field to assign mechanic to job.
Have case law to back up 2 of these points. And am hoping if any one of them is right (and I think all 4 are) then I have a good shot.
Obviously there is another point for which there is reams of case law about whether the oil service counter being reset formed part of the contract. This one looks easy. (well easier!)
of course all this relies on me not turning into a quivering wreck in front of a fast talking hard shooting lawyer called Perry Mason
Efbe said:
put the paperwork in, but got a new job at work, so without the additional time to waste on what was only ever going to be a moral win, I let it slip 
Ah OK, thanks for the update. It's just I've joined Clickmechanic from the other side and was curious how they handled this sort of stuff.Spangles said:
Efbe said:
put the paperwork in, but got a new job at work, so without the additional time to waste on what was only ever going to be a moral win, I let it slip
Ah OK, thanks for the update. It's just I've joined Clickmechanic from the other side and was curious how they handled this sort of stuff.So basically the bailed on the mechanic, were willing to give me his details so I could pursue him, leaving them high and dry. Even though the mistake was in them claiming this mechanic could do something he was unaware of.
So... should you work for them, make sure you get some public liability insurance or whatever you need
And as one last part, just tried to do an oil change today and the sump plug has been over-tightened by the clickmechanic mechanic. grrr. Stripped it, so a new one ordered before I attack it again.
berlintaxi said:
Fer said:
Spangles said:
Did this ever get resolved?
And where did 10PS disappear to?Our loss.
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