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Use the IRAC format identifying the issues, the rule of law (use prior case holdings, statutory law, administrative law, etc.), develop an analysis of the

  1. Use the IRAC format identifying the issues, the rule of law (use prior case holdings, statutory law, administrative law, etc.), develop an analysis of the facts and state your conclusion. Your analysis must support your conclusion.

Facts:

Mary, a frail but mentally alert and sound 88-year-old woman, is in the front garden of her old weatherboard home. Duncan, a big man who was heavily tattooed and wearing leathers, parks his "Harley" motorbike outside her garden and strikes up a conversation with Mary. He told Mary that: "I am a licensed painter and I could paint the exterior of your house for a good price - $8,000". Mary asks, "Is it a fair price"? Duncan responded "Da Ya - no one else is going to charge you that." Mary felt intimidated by Duncan and hastily stated "OK - I guess". The next day Duncan arrived and over the following two days painted her house. During the time the house was being painting Mary's daughter discovered other painters in the immediate vicinity would only charge $3,000 to paint the house. Mary's daughter also discovered that Duncan's registration with the Washington State Department of Labor & Industries as a licensed painter had lapsed two weeks before because he had failed to pay the renewal fee. The job is now complete, and Duncan has asked Mary for $8000.

This deals primarily with common law. Therefore, use Washington State cases to support your position. There are statutory laws (RCW) that might be used but are not the primary focus of your paper. Your paper will deal with the question of is there a contract and are there any defenses (and what those defenses would be).

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