Posted: November 8th, 2016

Advise Dennis as to his legal position in relation to whether, under this contract, he has any right to demand the extra £500 from Jenny, or not?

SCENARIO
Jenny owns a flower shop. She wants to refit it to make it look smarter and she wants to install a special florist’s chill cabinet to lengthen the shelf life of her cut flowers.
In June 2016 she asks Dennis Sammes to quote for the following work: To supply and fit a ‘Coolflower Box model AH3400’ in the shop and make good and redecorate the interior of the shop to a reasonable standard in colours to be chosen by Jenny.”
Dennis finds out that the AH3400 Coolflower box costs £1500. Allowing for this cost he gives a verbal quote for the work of £7,500 including all labour and materials.
Jenny accepts the quote but asks if he will do it for less if she pays cash.
Dennis says he will not.
Jenny asks if she can pay in three monthly instalments of £2500. She receives no answer to this, but Dennis starts work on June 26th as planned.

QUESTION 1. Explain whether a legally binding contract exists between Jenny and Dennis. [40% mark total] (600 words)

SCENARIO CONTINUED
Soon after the start of work, Dennis tries to order the ‘Coolflower Box’, but is told by the suppliers that the AH3400 model is no longer made. He is told that the new model, AH3500, is available and that it is even better than the old one as it has a mist setting which keeps the flowers even fresher. The AH3500 costs £2000. He tries to contact Jenny to ask for her instructions but she is unavailable as she has gone on a walking holiday and cannot be contacted. He knows she wants the work completed on time as she has already made arrangements for an opening event on a set date. He decides to order the AH3500. When he next sees Jenny he tells her that she owes him an extra £500 on account of the AH3500 costing more than the AH3400. Jenny replies that a quote is a quote and he has to accept the loss of £500, it is not her fault that he priced the work on the basis of an out of date model.

QUESTION 2. Advise Dennis as to his legal position in relation to whether, under this contract, he has any right to demand the extra £500 from Jenny, or not?
[40% mark total] (600 words)

SCENARIO CONTINUED
A month after the completion of the work, but before Jenny has paid the full amount; she notices the paint on the window frames is already peeling. It is established that this is because the underlying preparation has not been done correctly by Dennis, specifically because no undercoat was applied.

QUESTION 3. Explain what rights Jenny might have to require Dennis to remedy this at no extra cost to her? [20% mark total] (300)

* Please number your answers 1 – 3 so that I know which part of the question your answer relates to