Draft arguments that will weaken your opponents' positions. argue that That Mr. Painter should have a cause
Question:
Draft arguments that will weaken your opponents' positions. argue that That Mr. Painter should have a cause of action against Ms. Homeowner.
My last name starts with T, therefore I will be defending Ms. Homeowner. Judging from the circumstances it seems as though Ms. Homeowner and Mr. Painter didn't have a written contract, but an oral contract, meaning there is no written evidence to go off of. In the state of Florida oral contracts are difficult to dispute because the terms and conditions have not been written down for the court to go off of. Also, when Mr. Painter gave Ms. Homeowner the written estimate it made him the offeror and she the offeree, meaning she was able to reject the offer at any point as long as it was in a reasonable time and no work had commenced to start the process of painting the house, not buying the material, because in the end the "agreement" was in regards to painting the house. The agreement was that she would pay him for painting the house so in order for there to be a breach of contract Ms. Homeowner would have had to cancel on Mr. Painter after he had already painted the entire house or a portion of the house, and in this situation neither circumstances occurred. The only thing that could be called into question is the time that Ms. Homeowner chose to let Mr. Painter know that she did not want to go through with the service, but again there were no written conditions or terms to say when she was able to cancel and Mr. Painter had not begun to paint the house whatsoever, which was one of the main issue of the agreement.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts