Question
On January 26, 2021, your business is approached by Ed and Sarah Kleen, owners of Kleen-It-Up-4-U, LLC, about providing cleaning services at your store/business location
On January 26, 2021, your business is approached by Ed and Sarah Kleen, owners of Kleen-It-Up-4-U, LLC, about providing cleaning services at your store/business location for $250.00 per month.The $250 has to be paid up front covering the first month's payment and another $250 for a security deposit is also required. They tell you the offer is good until noon January 27, 2021.The term of the contract offered by them is one (1) year commencing on February 1, 2021 and ending January 31, 2022.
You meet with your fellow owners and decide that your business could use a cleaning service.You check with the local Better Business Bureau and learn that Kleen-It-Up-4-U has an outstanding AAA+ rating and no customer complaints.However, you all agree that $250.00 a month for the service is too much. Also, you question whether you want to obligate the business for a year.One of your fellow owners is selected to call the Kleens and offer to accept the services for $200.00 per month and a six (6) month term without the security deposit.After your fellow owner calls Mr. Kleen, he tells him/her that he will consider your offer and call back the next day with his decision.
1. Assume that Mr. Kleen accepts your business' counter-offer.Does the contract need to be reduced to written form? Explain.
2. Assume that Mr. Kleen accepts your business' counter-offer.In addition to the monthly price for the services of $200/month, and the term of six (6) months, indicate three (3) additional terms that you would ask Mr. Kleen to accept as part of the contract.
3. Assume that when you fax the contract to Mr. Kleen, he says that $200 per month is too low and refuses to sign it. Do you have any remedies in court for his refusal to sign the contract?Why or why not?
4. The Kleens fax you a counter-offer of $225.00 per month for a six (6) months term, which you receive on 01/27/2021; you mail a letter accepting the counter-offer on 01/28/2021 which is received by the Kleens on 01/29/2021; on 01/30/2021, the Kleens change their minds and send you a letter on that date revoking the counter-offer and offer the original $275 per month term which you receive on 01/31/2021. Will you be able to enforce your acceptance of the Kleen's $225 counter-offer?Explain.
Assume that you and the Kleens enter into a contract for cleaning services. During the first day of the contract's performance, a rusty, old truck with the name on a dented door panel, "MISTER CLEEN," rolls up and two burly guys exit named Tony and Vinny.They enter your store carrying buckets and mops and gruffly tell you that they made the Kleens an offer they couldn't refuse and the Kleens assigned them the contract and therefore, they are there to clean up!You contact the Better Business Bureau and learn that Mister Cleen has a substantial record of customer complaints. Further research indicates that both the workers for Mister Cleen have criminal records.
5.Has Kleen violated your contract with them? Explain why or why not.
Assume that the Kleens agree to the contract that you proposed - $200 per month for six months. However, they never show up to any cleaning work.You contact several other cleaning companies and find that the going rate for such cleaning services is $300-400 per month.
6.What remedies do you have to enforce the contract?
7.In what Florida court can you file and action?
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