Question

This question is for Ch.8 of The legal and regulatory environment of business

4. Fiola hires Tring Painters to paint her living room. She selects deluxe paints that will cost her $200. When the painters begin their work, Fiola notices that they are mistakenly using washable finesse paints, which will cost her $500. When the work is done, Fiola refuses to pay Tring Painters the $500 saying she wanted paints that would cost $200. Analyze the rights of the parties in this case.

Answer 1

This is simply a breach of contract, which indicates not following atleast one out of the lot of terms and conditions by either of these two parties.

A contract is a legal agreement between two parties of which one party offers something and the other party accepts that thing in specific terms and conditions. Here, one term is not followed – the paint of $500 was used instead of $200 paint; where the acceptance was made only for $200. Therefore, this is breach of contract. F can refuse the payment.

The complication arises, because the mistake was noticed at the beginning of work but not rectified – F didn’t inform that the wrong paint is in use although she noticed it at the beginning of work. To be very specific F should not have such duty, since there is no such condition within the contract. Therefore, she can refuse payment for a wrongly executed contract.

answered by: anonymous