Can I refuse to pay a moving company if one of themovers got arrested mid-move and the move was not completed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I refuse to pay a moving company if one of themovers got arrested mid-move and the move was not completed?

Movers were leaving to get another load to move. They were pulled over for expired tags. The driver had a warrant out and was arrested. The owner called to tell me the situation. I told him I wanted it rescheduled to be completed on Tuesday. He told me he’d check the schedule and call me back that evening. I didn’t hear from him for 2 days. In meantime I hired another mover to complete job. Can I refuse to pay?

Asked on February 28, 2012 under Business Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The moving company breached its contract (whether written, oral, or a mix of both) with you by not completing the move. You therefore would certainly not pay the full amount. You may need to pay a portion, if they did complete some of their obligations; for example, say they moved 1/2 of your belongings--in that case, they only partially, rather than completely, breached the agreement, and due to that, you should pay them 1/2 the agreed upon price. (Also, to not pay them anything when they did move some of your belongings would represent "unjust enrichment" to you, which the law does not allow.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption