Question

A contractor was required to deliver and install windows by a certain date, and as the date approached, refused to perform on time unless the owner agreed to increase the contract price. The owner reluctantly agreed in order to avoid a delay to the final completion date. After the contract was complete, the owner refused to pay the additional money. The window installer makes a claim for the additional fees. Will he be successful in making his claim? Explain your reasoning.

4. A contract is said to be a "legally enforceable promise." Describe three situations where a court will refuse to enforce a “contract”.

Answer 1

Lets understand the case

IN earlier contract between parties which is also companies policy and been decumented on paper the contractor has to deliver windows on time.

Second he declines >>>> owner makes a verbal promise on phone that he will pay extra money>>

Now in order to contractor to get additional money claim he must proove that phone promise which is only possibble if contractor has tapped the phone conversation or produce any witness to that conversation it as evidence else he owner declines of that conversation court will be forced to allow the older aggreement between the owner and contractor .

According to the Uniform Commercial Code any contracts involving the sale of goods or services. It requires that contracts for the sale of goods over $500 to be in written not verbal promise to enforce it in court.

There is also case when owner agrees to promise but tell the court the increase of money is not in earlier contract and he was forced to pay extra due to his emergency he did this promise>> in this court put action the first contract and legal action may be taken against the owner for overcharging .

Actually any verbal and non verbal promise is enforceable in court only if concerned party can proove it .

Answer(04)::

Case 01:

Kirkseto v. Kirksey(Ala. 1845):Widow been promissed by brother in law for peice of land to raise his family but brother in law refused it later and kick them off land ..

case2

Forward v. Armstead (Ala. 1847): father promise plantation land to son but later donnot give him the land... Promise unenforceable here because whether the thing is to be paid in consideration of the removal, although of being given from motives of, kindness, or natural affection.

case 03

According to the Uniform Commercial Code any contracts involving the sale of goods or services. It requires that contracts for the sale of goods over $500 to be in written not verbal promise to enforce it in court.