Question
Roy wants to have a hand painting made for his wife as a wedding anniversary surprise for his wife on their 25 th anniversary. Roy
Roy wants to have a hand painting made for his wife as a wedding anniversary surprise for his wife on their 25th anniversary. Roy approaches a local artist named Terry and Terry is known for his creative and good reviews from the community and Terry makes his own unique photo frames for his paintings and portraits.
Roy tells Terry that he would desire to have him, and his wife portrait is painted, and he tells Terry that his wife's favourite colour is purple. Roy further explains the importance of purple colour as it's also the matching colour of his house walls and emphasizes importantly to have a purple frame for the portrait to go with the matching wall colours of his house and to make his wife happy as it's her favourite colour.
Roy and Terry both sign a contract on 20/02/2020 just 10 days before the wedding anniversary and Roy agrees to pay $1500 USD after he receives his portrait. In the contract its mentioned:
Terry will use the best methods to achieve the desired results and ensure the portrait and frame is to the specification of the client/Roy.
Terry completes the portrait and delivers it to Roy on 27/02/2020 and the portrait is wrapped in paper to protect it from outer elements during the delivery.
Roy opens the wrapping paper and finds out the frame used for the portrait is not purple and in fact, it's muddy brown in colour and not the colour he requested for.
Roy gets a bit upset and asks Terry to leave, and Terry asks Roy for his $1500 USD as per the contract.
Roy is very upset about the received portrait with different colours and the wedding anniversary is in 3 days. So Roy tells terry to go away and says he will not pay him any money because Terry delivered have usedthe wrong colour for the frame.
- Advise Terry if he can terminate the contract under common law for the contract he and Terry entered into on 20/02/2020?
Use authoritative case Law and common law and conduct a step by step approach of essential elements and reach conclusion, assume this happened in Australia.
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