Question
Kathryn decided to use RENOS Ltd. for renovating her basement. The owner of RENOS, Tom said he would get the building permit easily. Later Kathryn
Kathryn decided to use RENOS Ltd. for renovating her basement. The owner of RENOS, Tom said he would get the building permit easily. Later Kathryn realized there was no mention of the building permit when signing the contract. When Kathryn called Tom, he assured her that he would cover any costs associated with obtaining the permit.
1. Kathryn received an invoice from RENOS which was in excess of the amount provided for in the contract. Despite Tom's verbal assurances that the costs for obtaining the permits and rezoning of Kathryn's home were included in the contract, the invoice contains additional charges for these items.
(i) Is Kathryn required to pay this amount? What arguments can Kathryn make that she is not liable for these amounts?
(ii) What problems or obstacles does Kathryn have with her argument? Provide a full explanation of the problems.
(iii) Who would be the Plaintiff and who would be the defendant?
(iv) Who would be successful? Why? Be sure to cite any cases that may apply.
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