Your group works as legislative counsel to Representative Henrietta HolyCow. She
ID: 355549 • Letter: Y
Question
Your group works as legislative counsel to Representative Henrietta HolyCow. She recently suffered some inconvenience when a home renovation company breached its promise to install marble counters in her kitchen. "They deliberately violated our agreement, saying that Senator Lowlife had offered them twice as much money for the same work!" fumed Henrietta. "It seems to me that someone who suffers such a deliberate breach ought to get more than simply expectation damages. Keeping one's word is a virtue, after all, and breaking it is a sort of fraud. I'm thus considering drafting legislation that will allow recovery of punitive damages against anyone who deliberately breaches a contract for financial gain."
ASSIGNMENT: Prepare for Henrietta a memo with your analysis and legal opinion of her proposed legislation. Explain punitive damages pertaining to contracts, what they are and how they work, as well as your opinion as to her idea. Cite cases and laws pertaining to same to back up your ideas and statements.
Explanation / Answer
XYZ legal office memorandum
To: The State court
From: The legislative counsel xyz law firm
Sub: Fraud and damages for breach of home improvement laws
The memorandum is in relation to a breach of home improvement law by a home renovation company which had agreed to install marble in the kitchen of Henrietta holy cow. The counsel has requested the state court to look into the breach of contract by the party under the home improvement contracts under section 770.
In this case, the contractor (Home Renovation Company) has breached the contract to install marble in the kitchen of Henrietta and he has left without completing the necessary job he had agreed to complete because of better benefits from another client.
He has breached the agreed contract under section 773 as he has a written contract with the homeowner Henrietta who has stated that he has breached the agreed contract and is liable for damages for not completing the contracted and agreed work.
Under section 771 A it is the responsibility of the contractor to share all details related to the contract in a transparent manner including the costs, fee payments, time, duration or any other matter related to the contract has to be disclosed in writing and signed by both the parties.
Under section 772 she is entitled to USD 500 plus attorney fee as damages for violating the contract to install marble in the kitchen and the agreed terms of the contract was breached by the home improvement company.
Further under section 772 also “states that the damages cannot impair limit or reduce the statutory law, common law or statutory duties and liabilities of the contractor.”
Further, under section 775 he is also liable to pay damages under the state law and he needs to oblige to the same also.
Reference
General Business Law 36-A Home Improvement
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