enny hires Jackson to paint her back deck. She agrees to pay him $200 for the jo
ID: 2587426 • Letter: E
Question
enny hires Jackson to paint her back deck. She agrees to pay him $200 for the job, and he accepts sight unseen. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. When Jackson arrives, neither Penny nor her neighbor is at home. He mistakenly paints the neighbor's deck. Penny calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. It is then discovered that he mistakenly painted the neighbor's deck. Penny tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, then he expects all of his funds from Penny, because the contract is executed. Discuss the legal position and rights for each of the three parties (Penny, Jackson and the Neighbor
Explanation / Answer
In the given case, neighbourer is not bound by any liability as neither did he contracted for the paint work nor did he called painter in his absence. On the contrary, Neighbourer may ask for compensation for painting his deck without his permission.
It is actual duty of Penny to keep himself available when he has called Johnson for painting. If for some reason he could not make himself available, he should clearly explain or communicate to Johnson description and location of Deck. Since Penny did not clear description of property nor made himself available when Johnson came, it is his liability primarily for payment of $200 to Johnson.
If Penny could prove that he made clear communication to Johnson regarding description and location of his deck then he is not bound to pay to Johnson.
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