Quote:
Originally Posted by fastboy21
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Right.
If someone has a contract with you to do work and they do some of the work AND you benefit from the work they do then you are required to pay them something. If you can't negotiate the amount of that something then they will sue you and a judge will decide how much of the original agreement they are entitled to.
You can't get out of paying someone if you have received some benefit merely because you claim that the work wasn't completed to your satisfaction. There would have to be more facts than that to just walk away from the contract without paying someone for work that they did actually complete...even if it wasn't finished, if you have received the benefit from the work they did complete.
The contract in this case has clearly broken down...nonetheless, the buyer has obviously received a good. He is not entitled to keep the good and all the money. The amount he owes might be half, less than half, or some other amount...but he owes something for the work he received and benefited from.
Sorry...you can't just not pay people who did work on your house merely because you decide to claim that the work wasn't completed to your satisfaction. It has to be more than just that to legally get off the contract without owing them a dime.
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Are you claiming a painter who is contracted to paint a house can stop halfway through and be owed a portion of the money? Like an unjust enrichment claim? That might have merit, especially if the painter completely painted a portion of the home ie. the complete exterior, or the complete downstairs, leaving no section as can be reasonably divided only partially painted.
Defendant did get a complete earring. But, I'd argue that fulfillment of second hoop is actually worth twice as much as the first. Either of the drops will suffice for the first earring. But once Buyer get his first earring you've limited the Buyer's chances for completion as the earring Buyer still needs is effectively twice as rare.
Assuming equal drop rates, perhaps there is an unjust enrichment claim. I find for the petitioner in the amount of 6,666p, 6g, 6s, 6c.