UNSATISFACTORY SERVICES

Section 13 of the Supply of Goods and Services Act 1982 states:

In a contract for the supply of a service where the supplier is acting in the course of a business there is an implied term that the supplier will carry out the service with reasonable care and skill.

By two Orders S.I. 1982 No.1771 and S.I. 1985 No.1 the following are excepted from the implied term in section 13:

1. the services of an advocate in court or before any tribunal, inquiry or arbitration or in carrying out any preliminary work directly affecting the conduct of the hearing; or

2. the services rendered to a company by a director of the company in his capacity as such; or

3. the services of an arbitrator.

Does the consumer have to pay for unsatisfactory services?

Where the service provided is so unsatisfactory that the consumer receives no benefit then the consumer does not have to pay and may indeed have a claim against the supplier if the unsatisfactory service has made the subject matter worse.

Where the service provided is unsatisfactory but some benefit has accrued to the consumer then a quantum meruit “as much as deserved” is payable.