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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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