Question
Al's Deli is a privately owned sandwich shop located in Leysin, Switzerland. Al Prego opened the store in 2001 and, since then, has built a
Al's Deli is a privately owned sandwich shop located in Leysin, Switzerland. Al Prego opened the store in 2001 and, since then, has built a loyal base of customers in Leysin. The shop is busiest during the winter season.
In June 2019, Al decided that he needed to renovate his shop before the upcoming ski season. He asked several local contractors if they would be able to perform the work. One contractor, Bob Gamelin, visited Al's Deli and offered to do the work for 5,000 CHF, to be finished by January 1, 2020. Al refused Bob's offer, but promised Bob 6,000 CHF if he could complete the work by November 15, 2019. Bob knew this would be a very difficult timeline for him to meet, because of a climbing trip he had planned with his son during the second week of September, but he agreed anyways.
Al and Bob downloaded an online contract template from an American law firm and filled in the essential terms, in English, which is Bob's native language. (Al is a native French speaker but took English classes in school.)
The terms of the contract were as follows:
- Bob will remove all the old flooring and wall paneling September 1, for which Al will pay him 2,000 CHF.
- Bob will install all new flooring and wall paneling by November 1, for which Al will pay him 3,000 CHF.
- Bob will paint all new flooring and wall paneling by November 15, for which Al will pay him 1,000 CHF.
- Al will provide Bob with all materials for the job, including flooring, wall paneling, and paint.
- All payments will be completed by December 1, 2019.
Al and Bob signed the contracts on July 5, 2019. In August, Bob came into Al's Deli and removed all old flooring and wall paneling. He finished this work on August 26. He asked to start installing the new flooring and wall paneling, but Al had not yet ordered it. Al told Bob that the necessary materials would arrive by September 15 at the latest. They arrived on September 10.
On September 7, Bob left for his climbing trip with his son. He did not tell Al. On September 12, while descending a particularly steep slope on the south side of Mont Blanc, he fell and broke his left arm.
On September 14, Al called Bob to tell him that the new materials had arrived. Bob's son Charles answered the phone from Chamonix hospital and told Al that, because of the broken arm, Bob would no longer be able to install the new flooring or wall paneling. However, Charles told Al that his friend Daniel would be able to install the new materials before November 1 for a cost of 4,500 CHF, and that Bob could finish the painting then.
Upon hearing this, Al spoke to his neighbor Edward, who offered to do both the installation and the painting for a total cost of 8,000 CHF.
Al has not yet paid Bob for any of his work. He's getting desperate because, if he is not able to open his deli for the ski season, he will lose 400 CHF per day in sandwich sales.
Al has now has hired YOU to give him some legal advice. Please draft a letter to Al which answers:
- Was his contract with Bob valid in the first place? Why or why not?
- How much, if anything, does Al owe Bob?
- If Al sues Bob, what damages should he ask for?
- If Al sues Bob, what defenses is Bob likely to offer?
- If Al hires Edward to complete the renovation work, and sues Bob to recover his costs, what is a court most likely to decide?
Using the Swiss Civil Code articles
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