Liability for advice

[SmaSheD_CoW]

A friend of mine recently decided to get his bathroom re-tiled. He went to "Tiles-R-Us" (that'll do!) and picked out some expensive imported tiles which he liked the look of. He already had a particular tiler in mind, but when he was buying them, the manager of the Tiles-R-Us said that these tiles were particularly difficult to install, and advised my friend that he should get "Mr X" to do it.

My friend proceeded to get Mr X to do the job, and afterwards, the whole bathroom was a mess - Mr X had absolutely no idea what he was doing, and had totally botched the job. When he was confronted, the Tiles-R-Us manager admitted he had never actually seen any of Mr X's work - he'd just been assured by Mr X himself that he was a great tiler.

The result was that my friend had to buy a second lot of tiles (from the same store), and pay his original tiler to install them. Mr X has (unsurprisingly) disappeared. My friend now has a bill for $14,000 ($7000 for each lot). Is Tiles-R-Us liable for the cost of the replacement tiles?

Also, after Mr X did the job, my friend arranged for a representative of the tile manufacturer to come and have a look at the terrible installation. The representative apologised, and offered to sell the second lot of tiles to the Tiles-R-Us with a 30% reduction off the wholesale price, on the understanding that this reduction would be passed on to my friend. My friend has confirmed that this reduction was definately given to the shop, but the Tiles-R-Us has refused to pass it on to him - they've charged him full price for the second lot of tiles as well. Any remedies available there?

To add insult to injury, before purchasing the second lot of tiles, the manager agreed to grant my friend a 6month period in which to pay (since his little tiling project had gone considerably over budget). After the tiles were delivered, he received an invoice stating that the full balance was due in 30days, and when he called the manager, the manager denied having ever made any such promise. The 30-day period has since elapsed, and the Tiles-R-Us have taken him to court over the debt.

Anyone care to suggest what his legal position may be?

[plext]

Way too much he said / she said in there.

Get your mate to get everything he has documented or can obtain documents for (would the wholesaler back up his claim that they provided discount tiles on an understanding with him?) and go see a lawyer in person.

[dwarfthrower]

Anyone care to suggest what his legal position may be?

Caveat Emptor would be my completely unfounded and ill-informed opinion.

In short, your friend is probably screwed. The only real recourse would be to sue the tiler, since he's the one that botched the job. The tile-shop doesn't really have that much of a responsibility unless there is some sort of relationship between the tile shop and the tiler. (ie you recommend my tiling services and I'll make sure people buy their tiles from you)

Also, any verbal promise from either the vendor or the wholesaler is not worth the paper it's written on.

[ShinymetalASS]

This reads way too much like a commercial law tute for me.

/me points in the direction of the Trade Practices Commission.

Off the top of my head, Div 7A TPA? when in doubt, section 52. lol. sorry, old commercial law joke.

[Whiskers]

A friend of mine recently decided to get his bathroom re-tiled. He went to "Tiles-R-Us" (that'll do!) and picked out some expensive imported tiles which he liked the look of. He already had a particular tiler in mind, but when he was buying them, the manager of the Tiles-R-Us said that these tiles were particularly difficult to install, and advised my friend that he should get "Mr X" to do it.

My friend proceeded to get Mr X to do the job, and afterwards, the whole bathroom was a mess - Mr X had absolutely no idea what he was doing, and had totally botched the job. When he was confronted, the Tiles-R-Us manager admitted he had never actually seen any of Mr X's work - he'd just been assured by Mr X himself that he was a great tiler.

The result was that my friend had to buy a second lot of tiles (from the same store), and pay his original tiler to install them. Mr X has (unsurprisingly) disappeared. My friend now has a bill for $14,000 ($7000 for each lot). Is Tiles-R-Us liable for the cost of the replacement tiles?

Also, after Mr X did the job, my friend arranged for a representative of the tile manufacturer to come and have a look at the terrible installation. The representative apologised, and offered to sell the second lot of tiles to the Tiles-R-Us with a 30% reduction off the wholesale price, on the understanding that this reduction would be passed on to my friend. My friend has confirmed that this reduction was definately given to the shop, but the Tiles-R-Us has refused to pass it on to him - they've charged him full price for the second lot of tiles as well. Any remedies available there?

To add insult to injury, before purchasing the second lot of tiles, the manager agreed to grant my friend a 6month period in which to pay (since his little tiling project had gone considerably over budget). After the tiles were delivered, he received an invoice stating that the full balance was due in 30days, and when he called the manager, the manager denied having ever made any such promise. The 30-day period has since elapsed, and the Tiles-R-Us have taken him to court over the debt.

Anyone care to suggest what his legal position may be?


This reads strangely like an assignment question.

Raises issues of negligent mistatement. I.e was it reasonable for your friend to rely upon the advice? Resulting in pure economic loss- Wilcocks Case is the most recent and relevant authority.

Possible remedy- damages under s 82 of the TPA based on s 52. Damages are assessed generally the same way as damages for deceit are assessed.

Against Mr X-
-beach of implied term under contract to perform work to a reasonable standard
- action to recover damages in negligence
-Concurrent liabilty in tort and contract

Preferable option- go after Tiles R Us- under breach of TPA because damages will include the cost of the second lot of tiles. All loss or damage caused is compensatable provided that it was reasonably forseeable.

Thats off the top of my head.

[Sagacious]

A friend of mine recently decided to get his bathroom re-tiled. He went to "Tiles-R-Us" (that'll do!) and picked out some expensive imported tiles which he liked the look of. He already had a particular tiler in mind, but when he was buying them, the manager of the Tiles-R-Us said that these tiles were particularly difficult to install, and advised my friend that he should get "Mr X" to do it.

My friend proceeded to get Mr X to do the job, and afterwards, the whole bathroom was a mess - Mr X had absolutely no idea what he was doing, and had totally botched the job. When he was confronted, the Tiles-R-Us manager admitted he had never actually seen any of Mr X's work - he'd just been assured by Mr X himself that he was a great tiler.

The result was that my friend had to buy a second lot of tiles (from the same store), and pay his original tiler to install them. Mr X has (unsurprisingly) disappeared. My friend now has a bill for $14,000 ($7000 for each lot). Is Tiles-R-Us liable for the cost of the replacement tiles?

Also, after Mr X did the job, my friend arranged for a representative of the tile manufacturer to come and have a look at the terrible installation. The representative apologised, and offered to sell the second lot of tiles to the Tiles-R-Us with a 30% reduction off the wholesale price, on the understanding that this reduction would be passed on to my friend. My friend has confirmed that this reduction was definately given to the shop, but the Tiles-R-Us has refused to pass it on to him - they've charged him full price for the second lot of tiles as well. Any remedies available there?

To add insult to injury, before purchasing the second lot of tiles, the manager agreed to grant my friend a 6month period in which to pay (since his little tiling project had gone considerably over budget). After the tiles were delivered, he received an invoice stating that the full balance was due in 30days, and when he called the manager, the manager denied having ever made any such promise. The 30-day period has since elapsed, and the Tiles-R-Us have taken him to court over the debt.

Anyone care to suggest what his legal position may be?


Possible estoppel arrgument against the tile shop on the 180/30 day terms if it can be shown that your friend bought the tiles from Tiles r us on the basis of the 180 day terms being offered this is a question of evidence though.

did the 30% discount on the wholesale price induce your friend to buy through Tiles R Us? if not then no remedy against wholesaler and there exists privity of contract between Tiles R Us and wholesaler and the terms of their bargain aren't open to your friend in the breach so no remedy against Tiles R Us.

Very long bow to draw for negligent misstatement on the recommendation of the store manager all comes down to the evidence of reliance and the position of knowledge over and above the ordinary tiler Mr X was held out by the store guy to possess and the extent to which it was reasonable for the store guy's recommendation to be relied upon by your friend without seeking further information doing his own research/inquiries.

Remedies against Mr X - Plenty

Negligence, Breach of Implied term of contract good luck finding him but.

[Lord_Phat]

ianal... i don't have anything to say, just wanted to use that acronym :fag: