Question
Paul is a used car dealer at his own dealership in Vermont. Denise is a full-time student at the school looking to buy a cheap
Paul is a used car dealer at his own dealership in Vermont. Denise is a full-time student at the school looking to buy a cheap used car. On April 1, Paul shows Denise a 2006 Saab and says he will sell it to her for $5,000. Denise doesn't have that much money and pleads with Paul to reduce the price to $4,000 but Paul refuses. Paul ends the conversation with telling Denise that Paul will hold the car for her to the end of business tomorrow if she shows up with $5,000 in cash by closing time at 5 pm the next day, and gives her a signed note to that effect.Denise promises to return by 5pm with the cash.
Next into Paul's office is Charlie, who Paul has prevoiusly hired to work as an auto mechanic at his used car car lot as he has lots of mechanical work which needs to be done as soon as possible. Paul was to pay Charlie $25/hour as Charlie dropped out of high school and has no formal training as a mechanic, but he is very good at fixing all sorts of old cars. Charlie was supposed to start work the next day but he shows up today to tell Paul he will not be working for Paul as he just won the lottery and no longer needs to work. Paul tells Charlie: f you dont show up for work tomorrow, I will sue you for everything you have for breach of contract and have you pay the cost of my next mechanic.
Barry is outside the office and overhears this discussion between Charlie and Paul. After Charlie leaves the office, Barry comes in to tell Paul that Barry wants to apply for the mechanic position. Barry shows Paul his resume which shows that he is a certified mechanic.Barry says he can start right now but he wants $100/hour given his training and experience. Paul says to Barry: ou are hires, you can wotk here for the rest of your life and we can have Charlie pay for it!.
The next morning Denise comes in with $5,000 cash and wants the title to the car. Paul tells her he already sold the car to another customer and it is too late for her to buy the car now. Then Paul notices Charlie and Barry arguing at the shop. Charlie says that he showed up to do the job as Paul threatened to sue him if he did not. Barry tells him Paul gave him the job for $100 an hour and it is too late for Charlie to take the job himself. Charlie yells at Barry that he couldnt fix a toaster as he failed high school shop. Barry admits to Paul that he nevar was certified, he just altered his resume to make it look like he was more capable then he really is in order to get Paul to give him the job.
Questions - please explain the answers
Where applicable, be sure to cite to UCC Code sections in the answer
3) Discuss whether Charlie can require Paul to allow Charlie to work as a mechanic in his shop so as to avoid a lawsuit by Paul against Charlie
4). Discuss whether Paul must continue to pay Barry the $100/hour rate of hire they agreed upon at the time of hiring?
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