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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102146
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband listed with a trucking broker (Grifo Auto

Customer Question

My husband listed with a trucking broker (Grifo Auto Transport) in New Jersey to have an truck picked up in Utah and delivered to us in California for $435. He could not complete the deal and after 3 weeks asked to increase the bid we did not agree to increase the bid and we canceled.
Meanwhile we listed with another broker who arranged for a driver to pick up the truck for $510.
Grifo Auto Trans. relisted the offer to $750 without our agreement and when the driver saw that listing refused to do the job for the $510! We now have to wait another week to relist! It mey take longer if there is snow to deal with!
We need this car and may need to rent something in the mean time. Can we get compensation for this?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. Yes, one can get compensation for this, but since a suit may take a while, one may wish to pursue this after the vehicle is finally hauled to its destination.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, the company that relisted without proper authorization may be sued for (1) negligence and (2) intentional interference.

The elements of an action for negligence are the existence of duty (the obligation to other persons to conform to a standard of care to avoid unreasonable risk of harm to them); breach of duty (conduct below the standard of care); causation (between the defendant's act or omission and the plaintiffs injuries); and damages. (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614, 76 Cal.Rptr.2d 479, 957 P.2d 1313.)

"The elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach of disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage." Pacific Gas & Electric Co. v. Bear Stearns & Co., 791 P. 2d 587 - Cal: Supreme Court 1990. This assumes that the company KNEW that you had someone and decided to relist simply to make the driver wary and break off any contract, forcing you to back to the old company.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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