EQS3223 Construction contract Law Quiz 1

"The mere labelling of a term as a condition or a warranty is not conclusive. The court will still have to determine the exact intention of the parties."

 

This fact was seen in the case of .....................

Mr. Tanker has decided to start his own business running a car wash business. It is

necessary for him to find appropriate premise . He sees a corner shop lot, which would be appropriate, on the market for RM300,000.00. After having viewed the property he decides to make a bid for the property for RM220,000.00. The sellers state clearly however that they will only accept RM280,000.00. 

Mr. Tanker then sees another property on the market for RM250,000.00 with better facilities and larger space. He offered the asking price for RM220,000.00 and it is accepted 'subject to contract.' 

However a week later the sellers of the first property contact Mr. Tanker again stating that they have reconsidered are now happy to accept his bid for RM220,000.00.

Advise Mr. Tanker.

FORMAT TO BE FOLLOWED

1. Name the plaintiff and defendant
2. List the issues/problems
3. Elaborate each of the issues.
4. Provide case law or precedent cases to support your judgement.

Mary, a frail but mentally sound 87-year old woman, is in the front garden of her old weatherboard home. Duncan, a big man who was heavily tattooed and wearing leathers, parks his motorbike outside her garden and strikes up a conversation with Mary. He told Mary that: “I am a licensed painter and I could paint the exterior of your house for a good price – RM8000.00”. Mary obviously felt intimidated by Duncan and hastily agreed.

The next day Duncan arrived and over the next two days painted her house. During this time Mary discovered from her daughter’s inquiries that had Mary received competitive quotes for the painting work, the current rate for painting her house was about RM 4000.00. Her daughter also discovered that Duncan’s registration as a licensed painter had lapsed two weeks ago because he had forgotten to pay the renewal fee for the license with the authorities and he is also under probe with the legal department for some malpractice.

The job is now complete and Duncan has asked Mary for RM 8000.00.

Advise Mary whether is she contractually obligated to pay Duncan the RM 8000.00. 

FORMAT TO BE FOLLOWED

1. Name the plaintiff and defendant
2. List the issues/problems
3. Elaborate each of the issues.
4. Provide case law or precedent cases to support your judgement.