• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Law of contract. Breech of contract?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

X

xavier10

Guest
This question is a bit long. But i would really appreciate any help given! Thanks alot.

Yvonne egg is the owner of Le Garliqu, a fine french resaurant in singapore. On 3.1.02, Mario Delcorte, a salesman for Firenze Tile Company, a seller and installer of floor tiles, visited Yvonne Egg. Mario told Yvonne that he had "an offer that she couldnt refuse". Firnze Tile Company would install a genuine Italian quarry tile floor in the kitchen of Le Garlique for the "modest price" of S5 per square metre.

Yvonne decided to accept Mario's proposal. Together Mario and Yvonne "guessestimated" the area of Le Garlique kitchen as 425 square metres. (In fact, the kitchen was just over 500 metres in area.) Mario then produced Firenze's standard purchase order form and gave it to yvonne for her review. Mario had forgetten to bring his calculator. He therefore mentally multiplied 425 and 5 and inserted $1,625.00 into the appropriate space in the order form. (in fact 425 x 5 = $2,125)

The Firezen order form indicated that the proposal could be accepted by the customer placing his or her signature in the place indicated and in addition that the proposal would become binding upon the parties "when Firezen informs purchaser in writing or commences performances of the work described herein" Another paragraph read:" Purchaser agree to allow Firezen to approve this order by: January 31st, 2002" The date was inserted by Mario.

Yvonne signed the purchase order in the space indicated. Mario presented her with 4 tickets to a performance that evening knowing that she likes the performance as well as a Firezen calander, "in return for her order and becoming a Firezen customer"

The order was submitted by Mraio to Firezen's office. Finally on 25.1.02, Firezen posted its written approval of the Le Garlique order to Yvonne Egg. The next day, Firezen discovered that Mario had made an error in working out the costs for the job. The proper square meter price for tiles of the quality and grade specified in the purchase order and the installtion services should have been $8.00 per square metre, not $5.00 per square metre as indicated by mario to yvonne. Firezen office explained that an error had been made and that in any case the proposal was not binding as it did not state when the work was to be completed by.

On 27.1.02, Firezen "written approval of the purchase order" arrived in the mail at Le Garlique.

Yvonne Qgg would like the work done for $1,625.00.

Advise Yvonne Egg
 


BelizeBreeze

Senior Member
1. This site is for U.S. law only
2. This site will not do your homework for you.

Would you like to go for the third strike?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top