Scott owns a restaurant and wants to renovate the kitchen to improve its efficiency. He searches the
Question:
Scott owns a restaurant and wants to renovate the kitchen to improve its efficiency. He searches the internet and finds a business called “Amazing Kitchens” to complete the renovations. He organizes to meet with Dan the owner of “Amazing Kitchens” to go through the renovation plans.
At the meeting, Scott asks Dan if he can complete the renovations within 3 weeks and ensure the kitchen is in working order. Dan confirms that this is possible and tells Scott not to worry as this is written in their contract. Scott is pleased with this and tells Dan that the completion date is important as he is hosting a wedding at the restaurant the day after the renovations are complete so the kitchen especially the oven must be in working order as he is preparing his famous dessert – crème brulee. Dan assures him that everything will be in working order. Scott signs the contract.
The renovations are completed, and the day of the wedding is here. Scott has served most of the dishes to the wedding guests and is preparing the final dish, crème brulee. Scott places 100 ramekins of the dessert into the heated oven when suddenly the oven stops working. Scott attempts to restart the oven, but the oven is not responding. Scott is worried and calls Dan. Dan is not answering his mobile, so Scott calls an oven repairer who agrees to come to the restaurant. While waiting for the oven repairer, Scott tells his staff to go to the grocery store and buy large amounts of chocolate and start preparing another dessert for the wedding guests - a chocolate mousse, as he’s not sure if the oven will work.
The oven repairer arrives and assesses the oven. He tells Scott that the oven was not installed correctly and therefore stopped working. Dan returns Scott’s call and Scott informs him of the faulty oven. Dan goes to the restaurant and confirms that the oven was not installed correctly. Scott will not be able to serve his crème brulee due to the faulty oven and serves chocolate mousse instead.
Scott wants to sue Dan for breach of contract. He would like to know if he can claim any of the following:
- $1,220 for oven repair and call out fee.
- $500 refund to the wedding couple for not providing the requested dessert crème brulee. The $500 was the difference between the crème brulee and chocolate mousse.
- $2,000 for inconvenience and anxiety over the faulty oven.
- $300 for the chocolate bought at the local shops to make the mousse.
- $50,000 for 4 out of 5 star reviews he received from the wedding guests.
Scott believes if he was able to prepare the crème Brulee he would have received a 5-star review .
Question:
In your own words and using the 4-step process, advise Scott on what damages he can sue Dan for.
Expert Answer:
Given that it is the terms of the contract that demarcate the obligations between the parties and be... View the full answer
