BLW 201-Introduction to Business Law Cieslik Due: 3-28-18 at 10:00 a.m. 10 Point
ID: 355328 • Letter: B
Question
BLW 201-Introduction to Business Law Cieslik Due: 3-28-18 at 10:00 a.m. 10 Points Answer each portion of the question in detail. Your answer must be typed. I will be grading on the quality and substance of your answer, as well as, spelling, grammar and punctuation.I WILL NOT ACCEPT ANY LATE SUBMISSIONS. Frank offered to paint David's home for $1,000.00. David responded that he would pay Frank $850.00. Frank responded to the offer of $850.00, with an offer of $900.00. David agreed. Frank began painting the next day. Frank completed half of David's home and decided not to complete the rest. David was irate and told Frank that he would not pay Frank anything for the work he did complete. David was forced to hire Jane to complete the job. David paid Jane $500.00 to complete the job. Frank subsequently sued David to recover $450.00 (because he completed half of the job). (10 points) 2. Discuss the elements of the contract between Frank and David. Discuss whether Frank should be paid for his work. What would Frank argue? What would David argue? Provide legal support for your answer, If a court does agree that Frank should be paid, how much should he be paid? What was the legal significance of David hiring Jane? a. b. c.Explanation / Answer
A The elements of contract are The offer from Frank of $1000 for the full paint The counter offer from David of $850 after rejecting the original offer for full paint The rejection by Frank of the counter offer made by David and offering another counter offer of $900 for the full job The acceptance of the offer by David at $900 for the full job Though there is no clause for pre-payment, advance etc. Hence, the contract obligation is only when the contract is complete. Unless there is any specific clause to fulfill partial complete. Which is not present. B As the contractual obligation is for the job completion. As $900 for the whole job. In the contract there is no clause for partial completion. So in contratual terms there is no obligation from David till the contract is fulfilled by Frank. As the contract is violated by Frank, David will not have to pay anything at all as per the contract. Frank would argue that on a pro-rated basis he has completed 50% of the work and so should be paid for that, where as there is no clause in the contract. David would go by the contract and inform the contract stands at full work at $900. C If the court agrees means there is some cluase for partial payment. But the actual contract was amounting to $900, now after hiring Jane already a value of $500 is settled upon. So the max amount Frank can be given is $400, which is the remaining amount of the total contract. Again it should be reduced if David fights for it with the legal method for mental harassment he had to go through in the middle of the project as it would have some cost as well. So the max value should be $400.
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