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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: New Zealand Law
Satisfied Customers: 117375
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a consultant that ordered some data from another

Customer Question

Hi. I am a consultant that ordered some data from another consultancy on behalf of my client. My client has now said that he did not confirm the purchase of that data (hes a liar!). The data order (an email) said that the client for the purchase was another company, not myself, that was listed. This other company is now saying that I am liable to pay the bill because I ordered the data. Is this correct?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were acting as agent for your client pursuant to your consultancy agreement and this data was necessary for your client, then the client is liable for the cost of that data. If your client refuses to pay, you remain liable to the other company to pay the debt and you would have to then sue your client to seek reimbursement for whatever you had to pay the company, since your client is in breach of contract for not paying for information you obtained on their behalf and they still have the benefit of the data so it would also be deemed unjust enrichment as well.

Customer: replied 1 year ago.
the email is sent said: "Yes please proceed. Invoice Halswell Investments Ltd, via my email (or I can provide the clients email if you prefer). Cheers, Adam"I did not have a contract with my client (nothing at all) and was not instructed to act as an agent for him.I simply asked my client, he said that's fine please confirm the purchase under the given company name, which I did, and then denied confirming it (he's a serial bankrupt)My email confirmation (the contract) says that the client is someone else not myself.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Your agency was implied. He told you to proceed and act on the matter. So he is liable to pay you for what you have done. You are still liable to the other company for paying if the client does not pay, but you do have a basis for suing the client for reimbursement as I said above.
Customer: replied 1 year ago.
Thanks. ***** received the data that was supplied I raised a question about the data, which did not seem accurate. No response was given to this query. If this goes to a disputes tribunal would I expect to win or lose? It is very much a matter of the disputed accuracy of the scientific calculation and methodology itself.
Customer: replied 1 year ago.
can you advise on the above cheers
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the data was inaccurate, that is a whole different issue and completely different situation. If the data they provided was inaccurate, that is breach of contract and grounds to refuse to pay. If it were to go to court and the data was inaccurate, then neither you or your client would be liable for inaccurate data.

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