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Anyone legal around who knows about estoppel?

4 replies

Namechange72638 · 15/01/2023 19:42

Can anyone assist please? I’m not looking for “common sense” responses, just legal views.

Person A claims person B owes them money for a service.

B completely refutes this and says a much lower figure was agreed. B says he will pay this lower amount as long as work is completed.

Person A agrees to accept the lower figure

B makes payment on the basis of this agreement.

A then walks off the job without completing it. A now claims the original amount.

Is A estopped from claiming the original amount. A accepted the lower figure, B therefore made the payment as a direct result, A then goes back on the agreement.

Really appreciate your help. Flowers

OP posts:
prh47bridge · 15/01/2023 23:16

If B has proof that A has agreed to the lower figure, A's claim for the original amount is unlikely to succeed. Indeed, since A has not completed the job, A is clearly not entitled to the original amount since they haven't done the work in question.

Cal2022 · 15/01/2023 23:32

You don’t need estoppel (traditionally the last gasp of any legal argument) to get there. On the basis of your description and assuming that the agreement for the lower sum was for precisely the same scope of work as originally agreed: When A and B agreed the lower sum they entered into a contract (probably oral from your description) which superseded/varied etc whatever previous agreement was in place (if there ever was any). When A walked off without completing the job, A breached the contract. If you were going to pursue, B would sue for breach of contract (ie money back) although A would be likely to bring a quantum meruit claim for the value of the work actually done (ie to be set off against the sum paid). The bigger question is why on earth B paid in advance and didn’t hold back at least part of the payment until the work was finished to their satisfaction?!

Namechange72638 · 15/01/2023 23:59

B didn’t actually believe anything more was due at all but agree to the reduced amount just to get work finished. Effectively held to ransom. As soon as half was paid, A walked off the job.

To complete the picture entirely, When A walked off the job B refused to pay any more. At which point A has reverted to saying the higher amount is due.

OP posts:
purpledalmation · 17/01/2023 11:18

This is more breach of contract. A contract can be verbal too. Estoppel is more to do with property and complicated.

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