Question
On April 1 st , 2019, Sam agreed to paint Pam's house for $8000 and to start on May 1 st , 2019. The job
On April 1st, 2019, Sam agreed to paint Pam's house for $8000 and to start on May 1st, 2019. The job was scheduled to take 2 weeks. Sam requested that Pam give him a $4,000 deposit to purchase the painting supplies. Pam did so. On April 15th, 2019, Pam called Sam to tell him that she had changed her mind and that she was going to have her house stuccoed instead and told Sam she didn't want him to paint the house. Pam also requested the return of her deposit. Sam refused to give Pam her deposit and told her that he would be there to paint on May 1st, 2019, just like they had agreed. He had after all purchased large amounts of the custom color she requested and turned down another very lucrative job for more than $10,000 for that same time period. On April 20th, 2019, before either party could go any further with their dispute, Pam's house unfortunately burned down in a freak gas leak accident. Sam decides he won't sue Pam for breach of contract, but Pam wants to sue Sam for the recovery of her $4,000 deposit. 1. Identify the legal issue(s) in this case (2 marks) 2. What rule(s) of law will apply in this case? (1 mark) 3. Develop arguments for the plaintiff, applying the rule of law to the facts. (1 mark) 4. Develop arguments for the defendant, applying the rule(s) of law to the facts. (1 mark)
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