回复:I understood that and am willing to pay the reasonable price

来源: apt 2008-11-13 13:31:56 [] [旧帖] [给我悄悄话] 本文已被阅读: 0 次 (1155 bytes)
回答: 回复:Many thanks. For the #3:apt2008-11-13 13:01:36
They can see whatever they want but I just don't see they have any case against you. You have three defenses in the case. First, they don't have any writing to prove it, except the invoice. It is done over the phone and I am sure you did not sign any contract. If it is over $500 the Statute of Fraud requires a writing. As far as I know pretty much every single jurisdiction honors SOF. Second, there is a mutual mistak. They thought was $2500, even if assuming they are honest and did not try to defraud you or anything. You thought was $250. There is no meeting in mind and the contract is not enforceable. Third, if others charge much lower for the same stuff then the contract is unconscionable. Either way you should not be liable for the full price. A court may find a reasonable price and ask you to pay and it is your duty to prove what a reasonable price is. That is why I asked you to get quotes from other places. It is better to negotiate with them for the price then go to the court. Find someone in the business who is willing to negotiate with you, but only after you find out what the reasonabl price is.

Good luck.

所有跟帖: 

Thank you so so much.... My husband asked me to pay... -verybadexperience- 给 verybadexperience 发送悄悄话 (131 bytes) () 11/13/2008 postreply 13:36:33

I googled a very good website that explained the SOF -verybadexperience- 给 verybadexperience 发送悄悄话 (154 bytes) () 11/13/2008 postreply 20:52:36

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