arter Morley and Erena Erickson live side by side in town homes joined together

Question

arter Morley and Erena Erickson live side by side in town homes joined together by a shared wall. Both residences are in need of new exterior paint. On Monday, Morley calls a painter. Tom Sizemore, having selected his name from the classified section of the phone directory. Morley describes his address, the physical dimensions and structure of his home, and he agrees with Sizemore that the work will be performed that Friday. Sizemore estimates that with his crew of five, and given the relatively small size of the home, the work will only take one day to complete. Morley advises that although he will have to work a fourteen-hour day on Friday, he would like to have the work completed in his absence. In passing conversation with his neighbor Erickson, Morley advises her of his “home improvement” plan. Early Friday morning Sizemore and his team arrive at the address, but by mistake, they began work on Erickson’s side of the building. Although Erena is home, she does not object to the work. Nor does she inform Sizemore and his crew of the mistake. Midway through the day, she offers them fresh-squeezed lemonade and ham sandwiches, and they heartily accept. Upon completion of the work at 7:00 pm, Friday evening, Sizemore knocks on Erena’s door and asks id “the man of the home” is present. That he would like Morley to review the work and pay the agreed-upon price for the work. Erena chuckles and breaks the news that the painting crew has made a mistake, one to her benefit. Erickson proclaims “I do not owe you one dime, because you do not have a contract with me; I will give you ten minutes to remove yourself and your materials from my property. Or I will call the police”.

1. What is the offer?

2. What is the acceptance?

3. What is the consideration?

4. Is this a valid contract?

5. Do both parties have contractual capacity?

6. Are there any contractual defenses?

7. If there are contractual defenses, what are the rebuttals to those defenses?

Explanation / Answer

Offer is an open invitation to someone who is ready to be bind by the promise of the offeror and enter into the contract for such transaction.

In this case, Morley made an offer to the painter to paint his place and in return he will pay which is accepted by him.

2 What is the acceptance?

Acceptance is the gesture or an action which the offeree does when he accept the offer made by giving the consideration in return and ready to be bind by the terms of the Contract.

Here when Erena allows the painter to do their work at her place, she openly accepted the offer made to paint her place.

3 What is the consideration?

Consideration is something of value or money which is exchange whenever a contract takes place.

4 Is this a valid contract?

Yes, It is an implied offer and acceptance from the Erena side when she did not denied to such work and offer them beverages and burgers knowing that they were set for her neighbour. Here the consideration is the performance of the work itself and both the parties have capacity to work.

5 Do both parties have contractual capacity?

Yes, both parties are of sound mind and not a minor.

6 Are there any contractual defences?

Yes, there is a unilateral mistake as painter was mistaken and Erena was aware that they are mistaken but she did nothing to correct it and hence this contract is not enforceable. Other would be Misrepresentation or fraud.

7 if there are contractual defenses, what are the rebuttals to those defenses?

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