The Shoe Department Big Box Stores has a written contract with McReynolds to pai

Question

The Shoe Department

Big Box Stores has a written contract with McReynolds to paint its women’s shoe department every 90 days with a new pastel shade of paint during 2017. The contract says that Big Box will pay McReynolds $3,500 within 20 days of his completing each re-painting of the department. McReynolds is a party animal, and not very reliable about doing his work on time; consequently, over 120 days have passed since he last painted the shoe department. The shoe department manager, an employee of Big Box, desperate and wanting badly to have new paint up before Christmas, begs McReynolds to get busy. McReynolds tells her that he’ll paint the shoe department the week before Christmas if she’ll give him a pair of leopard print Manolo Blahnik low heel sandals worth $2,000. She agrees and McReynolds paints the shoe department in lovely light greens and washed reds just in time for Christmas. Big Box sends McReynolds his check for payment in accordance with the contract, but when McReynolds comes by to pick up his shoes, the manager refuses to come through with the footwear. Discuss the following:

1-As a matter of contract law, can McReynolds hold Big Box to its manger's promise to give him the sandals? Why or why not?

2-Let's say that McReynolds dealt with the Purchasing Department of Big Box Stores located in Frozen Peas, Wisconsin in negotiating his contract and had no dealings with the store manager at all. Also, assume the local store manager did not have corporate authority to, on behalf of Big Box Stores, to make or modify a contract like the one that exists between McReynolds and Big Box. What effect would that have, if any?

3-What if, after McReynolds failed to paint the shoe department on time, Big Box contracted with McDougal to paint it. McDougal did so and Big Box paid him. Because Big Box needed to have the work done immediately, and the cost of green and red paint is at a premium near Christmas, McDougal charged $4,500 to paint the department. Now, McReynolds finally shows up wanting to do the last re-painting of 2017. Discuss the rights of the parties now. Is McReynolds liable to Big Box for damages? How much?

Explanation / Answer

McReynolds could not hold Big Box to its manger's promise to give him the sandals as it was not written in the contract between McReynolds and Big Box store. It was just a verbal agreement between the manager and McReynolds in the spur of the moment. this agreement was not in the knowledge of the store’s owner This would affect the situation as McReynolds approached directly to the Purchasing Department of Big Box Stores located in Frozen Peas, Wisconsin in negotiating his contract and had no dealings with the store manager at all. This case would turn in favor of McReynolds if the purchasing department manager has made any modifications in the contract at the time of negotiation. McReynolds is not liable to Big Box for damages because as per the terms of the contract he had to paint it every 90 days and 120 days have already passed so the big box store had the complete right to hire some another painter in emergency.

Related Questions

Navigate

• Browse (All)
• Browse T
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.