Contract Law

 

A​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​nne of NailsRUs acquires new business premises, in which to run a nail salon from. The premises was previously used as a charity shop and requires extensive refurbishment for use as a nail salon. Anne enters into a contract with John, the Managing Director of Beaver Builders to carry out the required refurbishment works. The written contract between NailsRUs and Beaver Builders stipulates the following services to be provided: o Phase A: Design and fit new flooring, partitions, ceiling and plastering o Phase B: External remedial works and redecorating the shopfront The total cost of the project is £25,000. The first instalment of £15,000 is due upon completion of Phase A, and the second and final instalment of £10,000 is due until completion of Phase B. Phase A was completed to plan, within the agreed contractual timescales and budget. Anne makes the first payment due under the contract. With Phase B due to commence, John contacts Anne via email the day before the planned commencement of works and informs her an additional £4,000 is required with project costs being more than anticipated. John refers to material price increases across a number of areas in building/construction, specifically the increased price of timber, insulation and cement and explains that without the additional £4,000 Phase B would not commence and the project would not complete on time. Anne determined to have the nail salon open as planned, agrees to pay the additional sum in return for an assurance that the project would be completed to the original deadline specified in the contract and that all would run smoothly going forward. Anne was also mindful of a penalty charge payable to the Local Authority should the salon not open as planned. Phase B works complete as originally stipulated in the contract and Anne makes payment of £10,000, but refuses to pay the additional £4,000 stating all monies contractually due have been paid. John comes to know that the nail salon is not prospering as envisaged and Anne is financially struggling. On a separate matter, Anne in light of her financial difficulties, ​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​places the following advertisement in the magazine, ‘Pianist’. “YAMAHA B1 UPRIGHT PIANO (BLACK) FOR SALE. Price to be negotiated, starting from £2,800. Email [email protected] or call 07765 230987” On Monday morning, Pam emails Anne stating she would pay £2,500 for the piano. Anne responds, ‘I would accept £2,600 and please let me know by 4pm on Friday with your response’. That evening, Pam texts Anne querying whether the piano is wood or polished ebony. Anne accidentally deletes the text message and does not reply. On Tuesday afternoon, Anne receives a voicemail from Pam, however was unable to make out what Pam was stating with the background noise in the voicemail. Anne with frustration of the speed of progress in selling her piano, decides to sell it at auction and texts Pam that the piano is now being listed at auction and no longer available to sell to her directly. Pam on receiving the text message immediately calls Anne and explains that in her voicemail message of Tuesday afternoon, she had stated she would pay £2,600 for the piano and because of the background noise (she had been travelling by train) had also sent an email to Anne stating that she would pay £2,600. Unfortunately, Pam’s email was placed in Anne’s email junk folder and Anne never read it. On Wednesday, Anne placed her piano with John’s Auction House and was advertised as being ‘without reserve’. Pam attended the auction and made a bid for £50. There were no other bidders for the piano. The auctioneer said that the bid was a ridiculously low price and he wouldn’t accept less than £2,200. The auctioneer refused to sell it to Pam and returned it to Anne. Pam is adamant the piano is hers and is demanding to buy it for £50.00. Advise the parties as to any rights and liabilities which may arise in the Law of Contract. You must critically research and apply in your coursework relevant academic theory and sources, course concepts and frameworks and legal materials. Your work must be fully referenced using OSCOLA. Proofread your work, check spelling, grammar and punctuation and prese​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​nt your work professionally. [100 marks]

This question has been answered.

Get Answer