Question
How to solve these questions. Anton needs a new water tank installed in his rental property, so he calls his friend Mariko, a plumber, to
How to solve these questions.
Anton needs a new water tank installed in his rental property, so he calls his friend Mariko, a plumber, to ask if she would be willing to install it for him. During a phone conversation with Mariko on 4 March, Mariko says that she will install the water tank if Anton will sort out the required electrics for Mariko's new hot tub that will be delivered on 21 March. Anton says he would be willing to complete the electrical work for the hot tub if Mariko could also take a look at his leaky dishwasher when she comes to install the water tank. Before Mariko can reply, she has to attend to an emergency at home and has to hang up.
Two days later (6 March), Anton receives a phone call from Colleen, a new client, asking if he would be available to install LED lighting in a big home in West Vancouver on 21 March. She explains that her friend had passed on his number, after he installed new lighting for them some time last year. She offers him $4,000 for the job, explains that she has the LED lights and that her contractor will obtain the required permits so all Anton needs to do is show up at her home at 11am on 21 March. He agrees and says he looks forward to meeting her on the 21st. After this conversation, Anton calls Mariko (whom he has not heard from since she had to leave the call on 4 March) and he explains to her that he can no longer help her with the hot tub on 21 March. She is angry at him so says "Some friend you are!" and then hangs up.
When Anton arrives at Colleen's West Vancouver home on 21 March, he finds out that the contractor has not obtained the required electrical permits for the work (obtaining the permits is a legal requirement). Although Anton knows that he should not complete the work without the permits, Colleen begs him to do so and says she will pay him an extra $1,000 if he stays and installs all of the lights. Anton finishes the job at 3.05pm and goes to find Colleen, who is thrilled that he finished early. Colleen is needed by the main contractor and so she tells Anton that she will e-transfer him the $5,000 that evening. Feeling uncomfortable but not sure what to do, Anton decides he should go over to Mariko's to help since he got off earlier than expected. When he arrives, Mariko tells him to leave as she had to pay an electrician to help her and the electrician is already working away.
Unfortunately, Anton never receives payment. When he texts Colleen on 22 March to ask what was going on, she apologizes saying that she has been very forgetful lately but that she will forward payment if he could remind her how much to send. After sending a number of follow up texts but receiving no response, on 30 March Anton receives a text from Colleen's phone saying "This is Victoria, Colleen's daughter. My mother has been under the care of a doctor for dementia. Please stop harassing her for payment, there is no evidence that she owes you anything".
- Mariko is angry at Anton because it ended up costing her $2,150 to have the electrical work done for her hot tub. She is considering suing Anton for breaking their agreement. Using the table provided below, assess whether Anton and Mariko had formed a legally binding contract.
2. Anton is considering bringing a civil suit against Colleen to recover the $5,000 owed. Using the table provided below, assess whether Anton and Colleen had formed a legally binding contract.
Please follow the template below to answer the question:
Anton and Mariko
ELEMENT | Situation/Explanation | ISSUES | Satisfied? (Yes/No) |
Consensus | |||
Consideration | |||
Capacity | |||
Legality | |||
Intention |
Have Anton and Mariko had formed a legally binding contract?
Would this agreement need to be in writing to constitute a contract?
Do you think Mariko would be successful suing Anton for the costs she incurred because Anton did help her?
Anton and Colleen
ELEMENT | Situation/Explanation | ISSUES | Satisfied? (Yes/No) |
Consensus |
| ||
Consideration | |||
Capacity |
| ||
Legality |
| ||
Intention |
Have Anton and Colleen had formed a legally binding contract?
Do you think Anton would be successful in suing Colleen for the $4,000 that was originally agreed?
What about the additional $1,000 that Colleen promised Anton on site?
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