Oral Contract Made On The Phone.

[dbaz193672]

hi bit of a long winded story. but our property backs onto a pumping station owned by Anglian water, recently with the rain the pumps failed and our garden and shingle drive flooded by 4-5 inches, eventually after a number of calls a engineer came out and confirmed that the pumps failed and that the water is contaminated, he said that the gravel, turf and plants would need scraping back and replacing (this was saturday night) on Sunday we took photos and video of the area. We telelphoned the company on monday emailed over details including photos and videos, the representive on the phone concured that the gravel would need scraping back and replacing as wood the turf and plants, and that AW would do this. On a site visit by his team they reported bck saying the size of the area (it is quite large but clear on the photos and the rep on saturday was there). we then recived a call saying that they would now not do this and that they would sanitise the area only. Following lots of discussion we arranged a second site visit (took nearly 2 weeks) with the original rep and his senior where they both admitted that it is due tothe size aof the area that they changed their mind on what course of action they should take. we challenged this by saying the engineer on site on the Saturday said everything needed replacing and folloing sending the photos the AW rep again agreed this was the course of action. During the second visit the AW rep admittied that there had been mis communication and that he had not seen the picutures before agreeing to what needed to happen. My question finally is that on the phone call on the Monday with the AW rep when he said that they would scrape the gravel back and replace, replace the turf and plants did this form an oral contract and as such could we take this the legal route.

MAny thanks

Dave

[Buenchico]

For contract law to apply there must be 'consideration' involved. i.e. it must be a situation where you give something (whether that be money, goods or a service) in return for something else.

Since you're not giving anything for the service, contract law doesn't apply. Of course, AW still has a legal obligation to put matters right but they may choose the method by which they do it.

Chris

[DTCwordfan]

Prove that what was said was said.......

Letter from your solicitor now would be my course of action, with pics.....

[FredPuli43]

Not contract but tort. Anglian Water have a duty of care to you, they have a duty not to allow water to accumulate and then escape, they have a duty not to create a nuisance. A solicitor's letter reminding them of these interesting legal obligations, and telling them that their representative has already admitted liability and offered full restitutio in integro quo ante (lawyer's language for fully restoring the property to what it was before), on their behalf as servant or agent,, should bring a result.

[factor-fiction]

Is it something your home insurance policy could help with?