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Difference between revisions of "If You're Not Happy with a Service"
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If You're Not Happy with a Service (view source)
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{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/mona-muker Mona Muker], Maple Law Group, and [https://www.dlg-law.ca/team/dean-p-davison/ Dean Davison], Davison Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = consumer}} | {{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/mona-muker Mona Muker], Maple Law Group, and [https://www.dlg-law.ca/team/dean-p-davison/ Dean Davison], Davison Law Group|date= October 2017}} {{Dial-A-Law TOC|expanded = consumer}} | ||
If you hired someone and you’re not happy with their work, you have options, and rights. It can feel overwhelming, but there are steps you can take to help yourself. | |||
== | ==What you should know== | ||
===When you | ===Your options if the other party is in breach of contract=== | ||
When you hire someone to perform a service, you’re making a contract. They’ve made a promise to you in return for payment. If they’ve broken the terms of that promise, they’re in '''breach of contract'''. | |||
A breach of contract can be dealt with in one of three ways. Which applies depends on what exactly is wrong and what kind of agreement you made. | |||
'''Option 1.''' The contract can be '''cancelled'''. This puts the parties back to the situation they were in before the contract was made. | |||
'''Option 2.''' The party in breach can be made to pay '''damages'''. This is money to cover the injured party for their losses. | |||
'''Option 3.''' The party in breach can be made to '''perform''' the contract. Basically, they’re being told: Do what you promised. | |||
You’re no doubt curious about which option applies. The key factor is how important the breach is. That is, whether or not it relates to a '''condition''' in the contract. | |||
A condition is a term of the contract that’s crucial — so crucial that without it, you’d never have agreed to the contract in the first place. | |||
Examples of what amounts to '''crucial''' would be the price you were going to pay for the services, or the scope of what was going to be done. | |||
When a condition is broken, the contract can be cancelled. When a non-essential term of the contract is broken, the injured party can recover damages but the contract cannot be cancelled. | |||
====The terms of a contract can be express or implied==== | ====The terms of a contract can be express or implied==== | ||
