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Question: Problem question: 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 – $8000”. 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 going rate for painting her house was about $4000. Her daughter also discovered that Duncan’s registration as a licensed painter had lapsed two weeks agobecause he had forgotten to pay the renewal fee. The job is now complete and Duncan has asked Mary for $8000.

Is Mary contractually obligated to pay Duncan the $8000?

In your answer, refer to the general law of contract only. Do not refer to any statute law.

Administrators comment: This coursework was completed as part of an LLB Law degree programme outside of the UK. (Australia - Masters year 1) It has been added to the lawcoursework.com database due to it’s high quality. Generally speaking only work completed within UK Law courses is accepted.

Answer: ISSUE The issue to be resolved in this case is whether or not Mary is contractually obliged to pay $8,000 to Duncan for painting her house. Specifically, are there circumstances which may cause the contract between them to be vitiated? RULE, PRINCIPLES and RELEVANT CONDUCTS The plaintiff is allowed to vitiate contracts based on law and equity on several grounds. The grounds that pave the way to exercise the right to recover damages, rescind or annul a contract are mistake, misrepresentation, duress, undue influence, unconscionable conduct and illegality. As held in Barton v Armstrong, a pre-contractual representation that has the probability to influence the mind of an ordinary person, and actually affects that person’s mind leading him to enter into the agreement, entitles the ......(short extract)

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Details: - Mark: 90% | Course: Contract Law | Year: 1st | Words: 723 | References: Yes | Date written: January, 2014 | Date submitted: February 19, 2014 | Coursework ID: 836

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