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I had a clutch put in my semi truck said be three four days…

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I had a clutch put...
I had a clutch put in my semi truck said be three four days and it was completed but wasn't correct so took back next day they've had it apart now six times and say they don't know what's wrong, it's now been five weeks it's been in the shop, I've lost my patients but have been nice and polite even tho they've cost me five weeks of work and still claim they don't know what's wrong why the new clutch won't release even after putting two different clutches in should I be reliable for the bill even the first initial bill should I be compensated for list wages im at a loss no money coming in but the bills keep coming
Submitted: 7 months ago.Category: Consumer Protection Law
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11/21/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,627
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

I am terribly sorry to hear that; that seems like a long time for a car, particularly a work vehicle, to be in the shop and unusable.

There are 3 possible causes of action when a repair shop does not properly complete a work order:

1. breach of contract:
For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).
In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.
For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).
In order for the plaintiff to have the benefit of the bargain, if a third party professional charges more to complete the job, this can be included in the damages.

2. negligence
Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

3. breach of warranty
There are implied warranties:
implied warranty of merchantability
implied warranty for fitness for particular use.
The first one is most common and it warrants that the product can be used for the purpose for which it is typically used. Damages are similar to contractual damages.
Express warranties include any actual written warranty that accompanies the product.

Typically the court will assume that the shop will stand behind its services for a certain (reasonable) period if there is not an express warranty.

Please see:
https://www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law

The causes of action are usually plead together so that if one of the elements cannot be met, the other can be pursued.
Sample letter, which is usually sent prior to filing suit is below:

https://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter

So in summary damages may include actual damages that are reasonably foreseeable and proximately caused.

So for example:

cost of repair by third party professional after multiple attempts by defendant to repair were not successful

cost of rental vehicle if possible

cost of lost income if the court determines that the defendant acted recklessly or with malice -this is harder to establish than the prior damages.

But the court generally won't allow the repair shop to charge for the successor equipment to replace the faulty equipment.

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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