Question
Jerry lived in a coastal property in Scarborough which is subject to severe weather. Having decided to refurbish the outside of his house, he employed
Jerry lived in a coastal property in Scarborough which is subject to severe weather. Having decided to refurbish the outside of his house, he employed Decoration Ltd to do the work at a cost of 20,000 inclusive of materials.
A written contract was prepared which contained, inter alia, the following clauses:
a) Decoration Ltd would use specially durable paint formulated for exposed situations.
b) it is a condition of the contract that Decoration Ltd commence work every morning at 8.30am (weekends included),
c) the completed house will in every way be fit for normal residential use.
The day before Decoration Ltd's final day of work on the house, Jerry realised that low quality paint was used. He also found a window in the bathroom which would not open; it had been closed before the paint was dry.
The following morning, Decoration Ltd arrived at 10.00am to finish the work. On arriving, Jerry told Decoration Ltd that they were in breach of contract and that he was cancelling the contract in order to find another decorator to do the job. Jerry said he would pay nothing to Decoration Ltd.
Advise Decoration Ltd as to whether their completed work has fulfilled the standard required for performance based on English Law only
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