Do I have to pay for a service I never really received?

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Do I have to pay for a service I never really received?

My girlfriend broke her phone screen but the phone still worked. She took it to a place to have the screen fixed. The lady fixing it made a mistake and fried the motherboard so the phone is useless. The lady at the shop admits to it being her fault so she has offered to pay for a new phone but she also wanted the payment for fixing the screen. Which she fixed but broke the phone in the process. Is this something we have to pay for? So when I asked why my girlfriend had to pay for a screen on a broken phone. She told me that we were lucky she was even replacing the phone.

Asked on October 21, 2016 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you are not legally liable to pay for services not received (or which made the situation or problem worse). And if someone breaks your property, they are liable to pay for or replace it. So legally, she should give you the new phone and not charge you for the work. Practically, if she won't give you the phone unless you pay her, you may wish to pay: the alternative would be to sue her, which could cost more in time and money than paying.


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