Can I refuse to pay a moving company if one of themovers got arrested mid-move and the move was not completed?
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Can I refuse to pay a moving company if one of themovers got arrested mid-move and the move was not completed?
Movers were leaving to get another load to move. They were pulled over for expired tags. The driver had a warrant out and was arrested. The owner called to tell me the situation. I told him I wanted it rescheduled to be completed on Tuesday. He told me he’d check the schedule and call me back that evening. I didn’t hear from him for 2 days. In meantime I hired another mover to complete job. Can I refuse to pay?
Asked on February 28, 2012 under Business Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The moving company breached its contract (whether written, oral, or a mix of both) with you by not completing the move. You therefore would certainly not pay the full amount. You may need to pay a portion, if they did complete some of their obligations; for example, say they moved 1/2 of your belongings--in that case, they only partially, rather than completely, breached the agreement, and due to that, you should pay them 1/2 the agreed upon price. (Also, to not pay them anything when they did move some of your belongings would represent "unjust enrichment" to you, which the law does not allow.)
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