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1 Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that
1 Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the Company $10,000 for the job. The company paints the house red with white trim and they paint the front door orange. When Howard sees the house, he refuses to pay the $10,000 contract price. If the Company sues Howard for breach of contract, they will probably: Lose, because their imperfect performance cannot be considered substantial. Lose, because perfect performance is an implied condition in the contract. Win, because color was not a material term of the contract. Win, because they substantially performed. Question 2 Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The contract also states that the company will be in breach of the contract if they deviate at all from the other terms laid out in the contract. The company paints the house white with blue trim but they paint the front door green. When Howard sees the green door, he refuses to pay the $10,000 contract price. If the company sues Howard for breach of contract, they will probably: Lose, because the contract called for the door to be painted purple. Lose, because perfect performance is an express condition in the contract. Win, because the color of the door was not a material term of the contract. Win, because they substantially performed. Question 3 Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The company paints the house white with blue trim but they paint the front door green. Howard pays the company the $10,000 contract price and then pays another painter $1,000 to paint the door purple. He then sues the company for damages. If Howard wins, he will recover: The full $10,000 he has paid the company. $5,000 which is half of the contract price. The $1,000 cost of repainting the door. Nothing. Question 4 Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The company paints the house red with white trim and they paint the front door orange. The cost of stripping the house and repainting it will be $30,000. Further, an appraiser informs Howard that had he gotten the paint job he wanted, his house would be worth $250,000. As it is, the house is worth $200,000. If Howard sues the Company for breach of contract, he will recover: The $10,000 contract price. The $30,000 cost of stripping and repainting the house. The $50,000 difference in the value of the house as it is and the value of the house had the Company conformed to the contract. Nothing
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