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News1 min ago
Under Duress
friends son is a car mechanic, a guy brought in his car, mechanic diagnosed the problem and the guy decided to let him proceed. the mechanic needed to send a part of to have it checked out to see what the issue was, he also carried out the other work required. Then the guy decided that he didn't want this part sending off and wanted the car back. The car is unroadworthy as it stands so the mechanic said it would have to be put on a recovery truck as not drivable. The customer agreed to this and said he would arrange it. A week later he rang the mechanic and said I've decided to let you send the part off rather than take the car, mechanic said fine but other works had been booked in so nothing could be done for 2 3 days. Customer then rings up a day later and says don't bother sending part back I'm coming for the car! By this time the mechanic had arranged for the part to be picked up, so this then had to be cancelled. They customer came into pay for the works carried out. Mechanic stated on the invoice that he has advised customer the car is unroadworthy and words to the effect, he has not charged for x hours of work. The customer signed but signed 'under duress'. Now the mechanic thinks the customer may try and take him to court. What does he mean by signed under duress? He was not forced to sign and there was no argument or bad feelings.
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He doesnt mean "under duress" he means "under protest", which is often advised when someone has a lien over goods and the payer wishes to dispute the amount charged. Although in fairness it is pretty meaningless in this case given that the customer has not really disputed the contract with the mechanic, he has just been an indecisive nitwit.
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