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Contract And Agency Law: Dazzle Paint
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Contract And Agency Law: Dazzle Paint
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Question:
Write about the Contract and Agency Law for Dazzle Paint.
Answer:
In the given case, to find whether there was any contract between Benji, Ahcoon and Dazzle paint, we need to apply essential elements of the contract on the fact of the case. The essential elements of contract are as follows:
Offer and Acceptance: Benji has accepted the offer of Dazzle Paint on confirming their quoted price and fixing the time for starting the painting work. Whereas no acceptance of offer was made to Ah Choon (Barnett & Oman,2016).
Consideration: Benji approved the amount quoted by Dazzle Paint in performing the task which is $3000 in respect of painting his 3 rooms. Therefore, there s a presence of consideration. Whereas in the case of Ah Choon the quoted amount was $ 2500 but Benji did not give any confirmation regarding the acceptance.
Intention to create legal obligation: Benji showed intention to create legal obligation with Dazzle Paint confirming them to do the task for $ 3000. When Dazzle Paint said they can only do the painting in the month of July he also gave conformation to such. Where as in the case of Ah Choon, Benji has made no confirmation as to the offer made.
Mutual consent: There was a presence of mutual consent between Benji and Dazzle Paint. Whereas there was no mutual consent between Benji and Ah Choon (Crandall & Whaley, 2016).
Therefore, there was a contract between Benji and Dazzle Paint whereas no contract has been formed between Benji and Ah Choon.
In the case when Benji is not able to resolve the matter between Ah Choon and Dazzle Paint, he may apply negotiation to settle the dispute. This is because negotiation is the easiest and cost effective method of resolving dispute.
Reference:
Barnett, R. E., & Oman, N. B. (2016). Contracts: Cases and Doctrine. Wolters Kluwer Law & Business.
Crandall, T. D., & Whaley, D. J. (2016). Cases, Problems, and Materials on Contracts. Wolters Kluwer Law & Business.
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