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Solution Library
Damages for Delay in Contract Execution
Question
Jones contracted with the Martin Floor Covering & Tile Co. to have her kitchen floor tiled. Before entering into the contract, Jones asked the manager of the company, whether, once the job was started, the workers would be left on it without interruption until it was completed. The manager replied: "Why, of course. We never pull anyone off a job it is finished." Jones then said: "All right, but I would not go ahead with this work on any other terms."
After the work was begun, the workers were transferred by the company to an "emergency job" at a new house that had to be completed at the end of the week because the owners were moving into it from out of town. As result, the Jones family were unable to use their kitchen for a week and had to eat in restaurants.
The workers returned the following week and finished tiling Jones’ kitchen floor. Jones then refused to pay for the work done. The Martin Floor Covering & Tile Co. sued Jones for the price agreed on for the job. Jones counterclaimed for damages to compensate her for the cost for the cost of meals for all members of her family at Winston's Gourmet Restaurant for ten days, $850.00, taxi fare each night to and from the restaurant, $140.00, and $50.00 for dental costs incurred as a result of one of her children falling on the restaurant stairs.
Examine the arguments for the defendant and the plaintiff and state, with reasons, what the probable decision would be.
Summary
The question belongs to Law and it discusses about a case where a person contracted with a tiles company for flooring her kitchen. The person wanted the work to be done as soon as possible. But, the company transferred the employees to another site and the work was put on hold for 1 week. After the work was finished, the lady refused to pay and the company filed case against her. The lady counterfiled a case against the company for damages.
Total Word Count 571
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