Question

2.Tony,ahomeowner,contactsRoofersCo.aboutreplacingsomebrokensingleson his roof. Tony offers to pay $500 for the work to be done so long as the work could be done by June 1. Roofers tells Tony they will call him back after checking prices for supplies at the local store. On May 16, Roofers leaves a message for Tony telling him that they could do the job, but it would cost $650. Tony listens to the message and does not call the company back. Roofers calls Tony a second time on May 20 and leaves a message letting Tony know that Roofers found the supplies at a different store and they could do the job for $500. Because Tony was out of town, he did not get the message and therefore did not call Roofers back. On May 25, Roofers completes the job before hearing back from Tony. When Tony returns home, he refuses to pay Roofers for their work. Roofers sues Tony for breach of contract. How should the court rule?

Answer 1

There is no breach of contract due to following reasons : A breach of contract requires a contract to be valid

for a valid contract following conditions are required.

1) Offer : Here the Tony has offered to pay Roofer $500 for reparing roof also roofers had send back the offer of $650 and afterwards $ 500

2) Acceptance of offer : There was no acceptance of offer by Roofers to Tony as they said they will call back. When they called tony he was not available hence there was no acceptance of offer

3) Consideration : There was a consideration offered by Tony which was not agrred by Roofers initially to tony . When they agreed Tony did not acceptance of the same as he was not available.

4) Intention to create legal relations : They did not any intent to create any legal relations as tony has just made an offer and no acceptance was there and vice versa. Hence there was no legal binding contract on both the parties.

Since all the condiitons was not satisfied of a vlid contract the Roofers cannot get anything from the court. His case will be dismissed.