Enforcing a Contract
PA130: Contract
Unit 5
Prof. Carlene DiPrenda
Mahuampy Aducchi
October 22nd, 2012
From: Mahuampy Aducchi
To: Prof. DiPrenda
Re: Interoffice Memorandum on Enforcing a Contract
Turner v. Connor
Our client Mr. Tunner wants to know if he has a valid contract that could be enforce. He met with Sally Connor, 92 years old, and her daughter, Rebecca, about replacing Ms. Connor’s roof and providing a home maintenance plan. Rebecca handles Ms. Connor’s financial matters but wasn’t present at the meeting. Mr. Turner noticed some medications that Ms. Connor was taking and help her with it. Mr. Turner discussed a two (2) year home maintenance package. The cost of the roof replacement and two (2) year maintenance plan was $12,000.00. Ms. Connor stated that the arrangement seemed fine and asked when Mr. Turner could start. Mr. Turner indicated that he could start replacing the roof next Monday. Mr. Turner showed up at Ms. Connor’s house the next Monday at 7:00 a.m. and began replacing Ms. Connor’s roof. Ms. Connor had been away for the weekend and did not return home until 3:30 p.m. that afternoon. At that time, Ms. Connor told Mr. Turner that she no longer wanted Mr. Turner to provide maintenance on her home, including replacing her roof, because she had found a cheaper company. Mr. Turner packed up his materials and his crew left Ms. Connor’s home.
In order to have a valid contract certain elements need to be present, the elements are: the parties, the price, the subject matter and the time for performance. We can determine based on the facts that Mr. Turner provided us with that there was a valid contract. We have an offeror (Mr. Turner) and offeree (Ms. Connor) we know exactly what the subject matter is since our client was able to explained what the replacement of the roof and the two year contract entitles and there was a time established for Mr. Turner’s company to start the project. However there are defects