Read the following fact scenario and answer the questions that follow. Tegan wanted her house painted...

 

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Read the following fact scenario and answer the questions that follow. Tegan wanted her house painted but had recently quit her job and could not afford it. When her sister Justine came to visit, Tegan asked Justine, who was a professional housepainter, if she could do it. Knowing Tegan did not have much money, Justine wanted to help her out, so Justine agreed and started painting the front, which took her almost half a day. The next day, Tegan and Justine had an argument and in frustration, Justine demanded to be paid for her work. Tegan's neighbour, Hugh, overheard the argument and felt bad for Tegan. When Tegan went to work the next day, he started to paint the side of the house. But after painting one side, he got tired and abandoned it. Tegan arrived home to find a half-painted house and decided it was time to hire a proper painter. She called Daria's Painting Company who had been recommended by a friend. Daria was pleased to get the call, as she needed money to pay for her son's dental treatment, which was happening in 5 days. She told Tegan that because she needs the money for the dental treatment, she will do it for a special price of $1,000 if Tegan pays her upfront. Tegan says she will think about it. 7 days later Tegan calls Daria to accept the offer, but Daria says that the deal is off, and the price is now $3,000. Tegan cannot afford that, so she calls around some other companies and finally finds another painter, Annette, to do it. Tegan and Annette sign a contract for Annette to paint her house within 10 days for $2,000. Annette works fast at first but falls behind and by the 10 day, is only halfway done. By this point, Tegan is desperate to have the painting completed so she offers Annette an extra $500 if she will get it done in the next two days. Annette accepts and the painting is finally finished. Happy with her newly painted house, Tegan celebrates by buying herself a painting from a local gallery owner, Nick, who told her "I think it might have been painted by Emily Carr. It looks like her work to me." Five year later, Tegan tries to sell the painting at an auction house and learns that it was not painted by Emily Carr. 1. Would contract law imply a promise by Tegan to pay her sister Justine for the painting she requested? Why or why not? 2. If Hugh, Tegan's neighbour, asked to be paid for the painting he did, would he be able to claim there was an enforceable contract? Why or why not? 3. Could Tegan have held Daria's Painting Company to the price quoted? Why or why not? 4. If Tegan decides she does not want to pay Annette the extra $500, could Annette bring a claim for breach of contract? Why or why not? 5. Could Tegan rescind the contract with Nick due to the fact that the painting was not painted by Emily Car? Why or why not? Read the following fact scenario and answer the questions that follow. Tegan wanted her house painted but had recently quit her job and could not afford it. When her sister Justine came to visit, Tegan asked Justine, who was a professional housepainter, if she could do it. Knowing Tegan did not have much money, Justine wanted to help her out, so Justine agreed and started painting the front, which took her almost half a day. The next day, Tegan and Justine had an argument and in frustration, Justine demanded to be paid for her work. Tegan's neighbour, Hugh, overheard the argument and felt bad for Tegan. When Tegan went to work the next day, he started to paint the side of the house. But after painting one side, he got tired and abandoned it. Tegan arrived home to find a half-painted house and decided it was time to hire a proper painter. She called Daria's Painting Company who had been recommended by a friend. Daria was pleased to get the call, as she needed money to pay for her son's dental treatment, which was happening in 5 days. She told Tegan that because she needs the money for the dental treatment, she will do it for a special price of $1,000 if Tegan pays her upfront. Tegan says she will think about it. 7 days later Tegan calls Daria to accept the offer, but Daria says that the deal is off, and the price is now $3,000. Tegan cannot afford that, so she calls around some other companies and finally finds another painter, Annette, to do it. Tegan and Annette sign a contract for Annette to paint her house within 10 days for $2,000. Annette works fast at first but falls behind and by the 10 day, is only halfway done. By this point, Tegan is desperate to have the painting completed so she offers Annette an extra $500 if she will get it done in the next two days. Annette accepts and the painting is finally finished. Happy with her newly painted house, Tegan celebrates by buying herself a painting from a local gallery owner, Nick, who told her "I think it might have been painted by Emily Carr. It looks like her work to me." Five year later, Tegan tries to sell the painting at an auction house and learns that it was not painted by Emily Carr. 1. Would contract law imply a promise by Tegan to pay her sister Justine for the painting she requested? Why or why not? 2. If Hugh, Tegan's neighbour, asked to be paid for the painting he did, would he be able to claim there was an enforceable contract? Why or why not? 3. Could Tegan have held Daria's Painting Company to the price quoted? Why or why not? 4. If Tegan decides she does not want to pay Annette the extra $500, could Annette bring a claim for breach of contract? Why or why not? 5. Could Tegan rescind the contract with Nick due to the fact that the painting was not painted by Emily Car? Why or why not?

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Step 11 2Hugh Tegans neighbour asked to be paid for the painting he did would he be able to claim there was an enforceable contract Why or why not For ... View the full answer