THIS IS A BUSINESS LAW PROBLEM!!! Bob entered into a written contract with Joe t
ID: 357975 • Letter: T
Question
THIS IS A BUSINESS LAW PROBLEM!!!
Bob entered into a written contract with Joe to put a new roof on Joe’s home. When all the roofing material was at the site and the labor was 50 percent completed, Joe’s home was totally destroyed by fire caused by lightning. Bob demands that Joe pay for materials and the cost of labor expended by Bob. Should Bob be paid, and why? Will there be a different result if the fire was caused by Bob’s negligence, why? Discuss the ways a contract may be discharged by agreement of the parties. Performance under a contract may be subject to conditions that are express or implied. Discuss this concept.
Explanation / Answer
Yes, Bob, in this case is deemed to ask for compensation. This is because the house foundation is reasonbly strong by the time it is 50% complete and ideally shouldn't break down. Under such conditions, if Bob can prove that the materials used are of lower quality than what should have been used, then he can ask for compensation.
In case there's negligence on Bob's part and Joe can prove that, he wouldn't have to pay anything. This is because under contract it is there that once the delivery has been made of a particular part, it is then completely owner's responsibility to protect it by adhering to the guidelines of the builder. Under such circumstances, Bob won't be paid anything.
There are certain conditions that are not mentioned on the contract and still need to be followed and come under required deliverables. Even if these conditions or deliverables are not mentioned, They have to be adhered to complete the contract. If they are not followed, the contract stands cancelled. These conditions which are not mentioned but need to be followed are express or implied conditions. For example, if a seller asks manufacturer to deliver 100 pieces of jacket, it is in itself assumed that the jacket would be required in thw winter season. If the jacket are delivered after winter seson has passed, the contract stands cancelled even if the clause of 'delivery during winters' is not mentioned in the contract.
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