Fri 27 Oct, 2017 07:35 pm
Your condominium is downtown, and the prostitutes linger just outside your private garden area. You decide to have a tall privacy screen built, which would be on your own unit's area, not the common area of the condominium complex. You enter into a contract to have it built, and half-way through building the screen, your contractor tells you he needs more money to finish the project as it is taking longer than he expected. You agree to pay him more, with no other changes to the contract. When the screen is finished, you only pay him the original sum due. He says he will sue you for the full amount. You say the contract wasn't in writing anyway. Explain each parties' respective positions and authority for the position, and who you think is right and why.
Verbal contracts are legal and enforceable when the offer is accepted.
dpes Promissory Estoppel apply here
Promissory estoppel legal definition of promissory estoppel
Promissory Estoppel. In the law of contracts, the doctrine that provides that if a party changes his or her position substantially either by acting or forbearing from acting in reliance upon a gratuitous promise, then that party can enforce the promise although the essential elements of a contract are not present.
I took Business Law course more than 55 years ago, but it's easy to find almost any answer on the web as it pertains to contract law. Some states may differ, so you may need to look up your particular state law on issues of contracts. http://www.businesslawbasics.com/chapter-18-contract-law
The prostitutes enjoy their new privacy screen and enclosed flower bed so much that they do a quick whip round and pay off the builder in kind.
The owner is likewise well pleased in his new outdoor area, installs a bbq and sells weiners to the throng enticed to queue for the idyll that is a garden of eden.
The council sues the owner for conducting this biz viz. a food stand without a licence and his wife leaves him for unsavoury meat works.
The body corporate obtains legal redress and has the structure torn down but not before the owner loses his job for inattention due to too much late night weiner and the bank forecloses on the property.
The prostitutes buy the apartment with the extra biz they've gleaned and turn it into a neighbourhood library.
John , a law student who comes there from time to time, having observed the fracas eventually succumbs and learns to read.
Promissory estoppel is about reliance.
Now go and study it.