As a surprise for his wife, Lisa (who was away on a lengthy trip), Oliver Dougla
ID: 1107918 • Letter: A
Question
As a surprise for his wife, Lisa (who was away on a lengthy trip), Oliver Douglas wished to have an addition built on to their bedroom. Douglas therefore retained the Monroe Brothers to do the work. The parties' contract called for Douglas to pay the Monroe Brothers $12,000 upon completion of the addition. They completed the job during a week of favorable, non-windy weather, but before they had time to collect from Douglas, the walls of the addition collapsed. After attending a party where he had consumed a large quantity of alcohol Douglas called upon the Monroe Brothers to remedy the situation, but they refused to do so unless Douglas agreed to their proposal that he would pay them an additional $2,500 (over and above the contract amount) to compensate them for the work involved in putting the walls up again. Because Lisa was coming home soon and he wanted to surprise her, Douglas promised to pay the additional $2,500. After the Monroe Brothers put up the walls again, Douglas paid them $12,000 but refused to pay anything more. The Monroe Brothers have sued him for the additional $2,500.
Should they win their lawsuit? Why or why not?
Explanation / Answer
NO, Monroe Brothers will not win the lawsuit as Douglas was drunk and the made promise at that time so on account of unconsciously, that was not known to him when resort to normal condition, Monroe Brother wanted to do work for additional $ 2500 and Douglas promised to them , but according to law of contract court will not accept the statement of Douglas , he made the promised in drunk condition which is not according to law of contract so Monroe Brothers would not get the promised amount as Douglas was drunk and not in capacity to retain their word.
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