When listing the price of parts on invoice for car repair, must the price be the one that the garage paid to obtain the parts? When listing the price of parts (e.g., tires) on a work order or invoice for car repair in the United States, must the price of the parts be the one that the garage paid to obtain the parts? Or is it the garage allowed to inflate the price to make them margin on it? If the answer is specific to the state, I am mostly interested in California.
No They will list the price they are charging you. This will normally be greater than what they paid because that’s how business works. The amount they are allowed to charge is what you agreed in your contract with them (which may incorporate a price list) or, if the contract is silent, a reasonable amount. What is reasonable will be related to what the market in your geographical area charges. While this is indirectly related to the input cost of a given item, business can and do charge what the market allows.
As a former rental car employee I can explain why this is. Cars that are rented to customers for insurance reasons (accidents, etc) are supposed to match the size of the car that was damaged as close as possible. I'm speaking for one rental car company in particular here but I'm assuming others have a similar policy but every 2 years old the car is it goes down a size in rental. So your 2014 would and could be considered a "standard" size or even "compact depending" on what is available on that rental lot or how that agent is feeling. With that being said, I've seen customers complain to insurance companies to get bigger cars sizes or even pay out of pocket for larger vehicles. In most insurance rental situations, the company provides "X" amount of dollars per day, generally between $20-25. These insurance companies have deals with rental agencies to secure rates that align with these low daily costs - the same car they get for $20 a day would cost a walk in customer double or triple that. You could use that $20-25 a day towards the cost of your rental and then just pay the difference on the larger car if you'd like. So to answer your question, yes you can push back all you want. Direct your concerns to their insurance company. In my experience, I've seen more often than not they agree to the larger vehicle. You can also petition the rental agent to let you get the larger car for the cheaper rate - however bear in mind these rental agents hear this 100 times a day and this can be your quick ride into that dusty PT Cruiser that nobody wants in the corner of the lot.
"There's no ... contract" - wrong! The emails are the contract, see What is a contract and what is required for them to be valid? If you didn't agree on which laws will apply then that is a matter for the court to determine. In general, they will tend to look at where the bulk of the work was done - since you are being charged I assume the work was done in the UK so probably UK law applies, noting that the UK is actually 3 different jurisdictions (England &amp; Wales, Scotland and Northern Ireland). That said, many jurisdictions have non-excludable laws around contracts, particularly consumer contracts that apply irrespective of the substantial law applying to the contract. It is therefore possible that you apply English contract law subject to, for example, Australian Consumer Law. Usually any consumer protection law in the vendor's jurisdiction will also apply. General contract law dictates that where a price was not agreed a reasonable price must be paid. If its reasonable that the editing should have been included in the original price charged then you don't have to pay more but if it isn't then you have to pay a reasonable amount for it. There is generally no requirement for estimates or any other method of determining the price - you just have to do what's reasonable. However, consumer protection law generally imposes more obligations on a business than general contract law. It is likely that your contract is ambiguous - courts will endeavor to fill in any ambiguities to make the contract work. techniques include read in implied terms to give "business efficiency", from custom or business usage (e.g. if particular industries typically deal with particular issues in particular ways), from previous dealings (i.e. what the parties have done in the past), from statutes, whatever works to resolve uncertain, meaningless or ambiguous terms, from the express words used or from the nature of the contract or from the common intention of the parties (i.e. the court might ask you what you meant). "Breach of contract" is a very broad term - it simply means that one of the parties hasn't done what they were required to do and allows the other party to sue for damages.
Is it a crime for a repo man to accidentally repo the wrong car? Not unless the car was retained after the accidental repossession was discovered, and then, only by the person retaining it (as the repo man may have turned over the car to the creditor whose loan on a similar car is in default). Generally speaking, taking property of another with an intent to permanently deprive the owner of the property of it is a crime only if one knows that the property is the property of another. For example, if two people leave black umbrellas in an entry room and someone accidentally leaves with the wrong one, the taking of the wrong umbrella is not a crime. Whether the repo man's assertion that he accidentally took the wrong car is credible is a question of fact to be determined at trial, if the prosecution doubts him. If he was supposed to repossess a 1936 Ford and he repossessed a 2021 Tesla, the repo man is probably going to lose and be convicted of theft. If he was supposed to repossess a white 2021 Tesla and he repossessed a different white 2021 Tesla in the same neighborhood with a license plate from the same state as the one he was supposed to repossess, he has a very good chance of prevailing. However, once someone learns that they have taken the wrong property, they have a duty to return the property promptly to the owner upon request, and probably, to notify the owner (if the owner can be determined) and the authorities who were informed that a different vehicle was taken, promptly. Otherwise, the originally good faith mistake becomes theft. If the repo man's explanation is convincing, he is not likely to be charged with theft, even though no special law applies. What makes the repo man special is that he did have permission from the secured car loan creditor to repossess it due to the secured car loan debtor's default by the Uniform Commercial Code. If he had taken the right car without a breach of the peace, the Uniform Commercial Code would have absolved him of liability and given him legal permission to do so. If the repo had been of the right car, the creditor would have had a duty to promptly return the personal possession in the car in which it did not have a lien to the rightful owner. This conclusion doesn't change when the repo man accidentally takes the wrong car. While the repo man's mistake was not knowing or intentional, it was probably negligent to repossess the car without carefully confirming the VIN number and license plate to make sure that he was repossessing the correct car. As a result, the car own probably has a claim against both the repo man (whose negligence caused the wrongful repossession) and the creditor (for whom he was acting as an agent to repossess the car) for any damages caused to the owner of the wrongfully repossessed car, including damages to the vehicle and damages from loss of use of the car and possibly damages for emotional distress caused by thinking that his car had been stolen or by missing a non-economic opportunity that he could have had if the car had not been wrongfully taken (e.g. if this caused the car owner to miss the funeral of the car owner's father). The creditor and the repo man probably have insurance policies in place that cover legal defense of such claims and also economic settlements or money judgments entered on that kind of claim.
None The contractual chain is you &lt;-> warranty company &lt;-> (potentially others you don’t know about) &lt;-> service provider. Should something go wrong, you would sue your warranty company who might (it is up to them) then sue the service provider. Notwithstanding, it’s likely the service company owes you a duty of care and would be directly liable to you for a negligence claim.
In Saudi Arabia, it is legal to charge (and pay) interest. However, according to this source, a contract clause requiring interest is not enforceable. An interest clause is severable, so the contract is not at risk if interest is charged. This source indicates an exception, that the Saudi Arabian Monetary Authority Banking Disputes Settlement Committee may enforce interest clauses in banking transactions. In UAE, Article 204 of the UAE Civil Code says If the subject matter of the disposition or the consideration therefor is money, its amount and type must be specified without any increase or decrease in the value of that money at the time of payment having any effect. and Art. 714 says If the contract of loan provides for a benefit in excess of the essence of the contract otherwise than a guarantee of the rights of the lender, such provision shall be void but the contract shall be valid. Art. 76 of the Commercial Code explicitly allows charging interest for commercial transactions A creditor shall have the right to demand interest on a commercial loan in accordance with the rate stipulated in the contract. If the rate of interest is not stipulated in the contract it shall be calculated in accordance with the rate prevailing in the market at the time of the transaction on condition that in this case it should not exceed (12%) per cent, until full settlement is made. This article from 2002 (behind the paywall, sorry) provides further analysis for Abu Dhabi. This page discusses similar rules for Kuwait, where again commercial transactions are exempt from the civil prohibition against interest. It is not clear where the line is drawn, but I think "commercial" refers to borrowing money for a business purpose, as opposed to buying your house.
A U.S. auto manufacturer promises in writing that its vehicles will, for the life of their vehicles, receive free hydrogen at its charging stations. . . . The written promise was related to the workmanship of the vehicle in connection with its software and hardware components. Was a warranty created? It sounds like there were two separate promises. A promise to provide free hydrogen (which is a contractual obligation, although not a warranty) which amounts to prepayment of hydrogen, and a warranty that the vehicle had adequate workmanship in software and hardware components. Was a warranty created even if the manufacturer failed to clearly and in readily understood language disclose what it was going to do in case of malfunction or defect with the vehicle relating to its ability to cause a hydrogen well to open and start filling up? Whether this is a breach of the agreement to provide free hydrogen, or a breach of the warranty agreement that the vehicle's recharging feature would work properly, or both, taken together it is a breach of contract by the automobile manufacturer. There were agreements, and taken as a whole, those agreements as reasonably interpreted in light of the intent of the parties and construing against the drafter of the agreements, were breached. Therefore, you should be entitled to the damages for breach of contract as measured by the benefit of the bargain test applicable to contracts. Most likely, repair of the defeat at the cost of the manufacturer and reimbursement of money you had to spend on hydrogen due to the defect.
It will vary by jurisdiction. This is a complicated area of law, but usually an advertisement or a display of goods in a shop is not an "offer" (in the contract law sense of the term), but an invitation to treat (or "invitation to bargain" in the US). The "offer" is the shopper saying "I'd like one of those please" or putting the goods on the band for the till. The "acceptance" is the checkout girl saying "that'll be ..."