Midway Through The Installation, Dove Realises That They Forgotten To Account: Contract Law Assignment, UOL, Ireland

Questions

Q. 1

Midway through the installation, Dove realizes that they have forgotten to account for the expensive light fitting at the top of the staircase, which costs €750. Dove approaches Mary and tells her that he cannot supply the light fitting as agreed. Mary insists that the fitting be supplied and installed as it is part of the price agreed. Dove is infuriated by their mistake and stops all work, knowing that with the Christmas break fast approaching, Mary has little choice but to negotiate with Dove.

With the upcoming Christmas break and the possibility of not having the work completed before her guests arrive; Mary reluctantly agrees to pay the additional €750 for the expensive chandelier fitting at the top of the staircase.

Once all of the work is completed, Mary pays the €2,000 as initially contracted but refuses to pay the additional €750. The expensive chandelier fitting is a lot smaller than she envisaged and emits little if any light.

Dove is infuriated and argues that they will look at taking further actions to resolve the dispute.

Based on the above and applying the appropriate principles of contract law in your answer.

1. advise Dove Lighting on the case, if any, that they have against Mary in relation to Mary’s refusal to pay the additional €750.

2. advise Mary on the case, if any, that she has against Dove Lighting in relation to the size and amount of light emitted from the chandelier fitting.

Aqua Construction Supplies (“Aqua”) operates a construction supply business in North Street, Clare, specializing in supplying plumbing fixtures and fittings. Aqua advertises the following on their website:

TRADE SALE

“We have just completed a stock check and have five Jacuzzi baths reduced for clearance, all of which are in excellent condition. Price reduced from

€2,000 to €500, with a delivery charge of €30 each.”

Executive Housing (“Executive”) is a leading contractor who specializes in the development of exclusive accommodation and is one of the contractors who views the advertisement while placing

an order online. The executive is interested in the baths as they have a number of properties under construction. They call into the store on North Street and are invited by Aqua to view the baths on offer. Executive views two of the five baths on display, as they are in a rush and notes that the two viewed are in good condition, with only very minor scratches to the underside, and exits the store. Later that day, Executive phones Aqua and offers €400 each for the five baths but Aqua refuses but offers Executive a further discounted price of €475 each.

Later that day, the Executive telephones Aqua back and agrees that they will purchase all five baths for €475, if they are delivered to the site, free of charge, on Thursday of that week. Aqua considers the proposal but suggests that they have a deal if they pay €5 delivery charge per bath, but delivery will not be until Monday of next week. The executive agrees and places the order.

Aqua fails to deliver the five baths until Tuesday of the following week, but the Executive refuses to pay. Of the five baths, two have minor scratches (as viewed), one is missing the legs, one has a chip on the corner, and one has a large crack down the middle.

Based on the above and applying the appropriate principles of contract law in your answer.

1. advise Aqua Construction Supplies on the case, if any, that they have against the Executive for the refusal to pay for the baths

2. advise Executive Housing on the case, if any, that they have against Aqua in support of not paying for the baths.

James owns a hardware store in Limerick in which Dean is hired to help him deliver supplies. James instructs Dean on where and when he must be each day while providing him with a weekly payment and a company van. James employs Dean as he is a good friend, but James knows that he tends to speed when driving. However, because he is a friend, he does not discuss the matter with James but simply asks him to be careful when driving.

Dean notices one day that the van he is driving has a brake fault and informs James. However, James is very busy and tells Dean to keep driving and he will sort it later. Two weeks pass and Dean has

Q. 3

repeatedly told James about the issue of poor brakes but again James tells him that he will get them fixed next week.

The following Friday evening, Dean, anxious to finish for the weekend, is returning to the store and speeds up to the door. Jane, a customer leaving the store is returning to her car, but Dean fails to see her. He steps on the brakes but hits Jane and breaks her leg. In doing so, Dean hurts his neck in the accident and is out of work for two weeks.

Stephen has fifteen pet goats living in his back garden in Morning Rise Housing Estate. One Saturday evening when James is out shopping, his goats break into his neighbor Mary’s garden and eat her prize-winning flowers that she is preparing for the upcoming flower show. Once they have eaten all of her flowers, they proceed out of Mary’s garden to destroy the local water fountain and flower bed in the public green area in the housing estate.

Mary returns to find her prize-winning flowers destroyed and collapses in shock, spraining her wrist in the process. Other residents in Morning Rise Housing Estate are in despair as they try to herd the goats away from the fountain. Subsequently one of the residents, Micheal, slips and twists his ankle. Micheal is a budding young soccer player but is unable to play for his local team for six weeks. As a result, the local soccer team misses getting promoted to the next division.

Q.5

Dave is considering building a new warehouse located on the low-lying ground outside Limerick. To assess the suitability of the site for development, Dave enlists the services of Joe Bloggs Surveyors Ltd. (“Joe”) who are a chartered, registered, and insured land surveying company.

Joe accepts the task and instructs a new graduate employee he has just hired, to survey the site. Joe fails to review the survey and report before providing it to Dave for consideration. The report concludes that the site is suitable for development. Within the report, the phrase “without responsibility on the part of this surveying company” is printed. Dave is impressed with the survey which dispels his concern about the suitability of the site and proceeds to develop the site based on this report. As the development nears completion, with a week to opening, the site is flooded after a nearby river bursts its banks from heavy rainfall. The site and warehouse are flooded with extensive damage done to the contents and the largely completed building. Dave is distraught and does not understand how the accident occurred. To investigate further, Dave reviews the report and accompanying paperwork provided by Joe and is alarmed to see that the adjacent river was never surveyed nor considered in the report.

Dave’s insurance fails to compensate him for his loss as they consider that the survey and report is inadequate and failed to identify what should have been an evident issue.

Advise Dave on his claim against Joe Bloggs Surveyors Ltd. under professional negligence.