Week 3 Individual Assignment
March 3, 14
Liam and Mike came to me asking for advice because Mary is refusing to pay them for painting her house. Mary asked Liam and Mike to paint her house for $2500. All oral contracts are legally binding. The only obstacle would be in proving that an oral contract was in fact made. From what I understand there was not a written contract but the agreement was validated once Liam and Mike began to do the work that was asked of them. I would also take into consideration the relationship between Mary, Liam and Mike. If an oral contract is made with a stranger in business dealings then one of the two parties could easily deny ever agreeing to an oral contract or claim that such an agreement was not made.
Liam and Mike had to purchase or use existing equipment that they previously purchased with their own money expecting to be reimbursed for what they use on Mary’s house. Mary went to work the next day and saw an advertisement from another painter that said she could get her house painted for $1000 less then what she had already offered Liam and Mike. It also said that satisfaction was guaranteed or she would get her money back. At the time Mary did not know that Liam and Mike accepted her offer so she calls the number on the advertisement and made arrangements to get her house painted the next day. As soon as Mary got home she saw that Liam and Mike were half-way done with painting her house, she tells them to stop and orders them off of her property. Liam and Mike tell me that Jane, Mary’s neighbor, heard the conversation and knew about the oral contract between the two parties. Jane would have to testify in court that she heard the conversation to prove the existence of this oral contract. I believe that Liam and Mike will be reimbursed for their time and expenses but since they were not able to complete the job they will not get the agreed upon...