Business Law

p : Business Law

1 . Adam Chandler Landscapers , Inc , enters into a contract with Palmer Courtlandt to resurface the Courtlandt`s driveway .Adam Chandler , by mistake stops at the Martin residence and resurfaces Joseph Martin`s driveway . Joseph Martin lives next door to Palmer Courtlandt and knows that Chandler is at the wrong residence . Martin says nothing and watches as Chandler resurfaces Martin`s driveway . Is Joseph Martin under any contractual obligation to pay Chandler for resurfacing his driveway ? Is Palmer Courtlandt still liable under the contract ? Explain Your Answer

ANSWER : Martin is still liable

because of implied agreement . The basis of liability under US law is under 1-303 and 1-304 , pertinent of which read

Course of performance , course of dealing , and usage of trade (a ) A "course of performance " is a sequence of conduct between the parties to a particular transaction that exists if (1 ) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party and (2 ) The other party , with knowledge of the nature of the performance and opportunity for objection to it , accepts the performance or acquiesces in it without objection (d ) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties ' agreement , may give particular meaning to specific terms of the agreement , and may supplement or qualify the terms of the agreement . A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance

1-304 . Obligation of good faith

Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement (5A Del . C 1953 , 1-203 55 Del . Laws , c . 349 74 Del . Laws , c . 332

The performance done by Adam Chandler , was done in good faith and Martin did not object therefore Marin should held be liable for the price of resurfacing done

Palmer Courtlandt is not liable under the contract under the contract because he received no benefit from Adam Chandler . The contract was not consummated hence no source of obligation

Reference : HYPERLINK "http /www .delcode .state .de .us /title6 /c001 /sc03 /index .htm TopOfPage http /www .delcode .state .de .us /title6 /c001 /sc03 /index .htm TopOfPage

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