Can I break A Lawn Service Contract.

In June I signed an annual contract to have lawn service preformed. I knew the person who would be doing the work and knew he would do a good job. The company with whom I signed the contract has gone out of business and sold the contract to another lawn service. The new crew looks like bunch of un-bathed pirates and I do not want them snooping around my house. The person who was doing the actual work on my lawn has started his own business. Can I cancel my original contract because it was sold to another company?

chilibill said:

In June I signed an annual contract to have lawn service preformed. I knew the person who would be doing the work and knew he would do a good job. The company with whom I signed the contract has gone out of business and sold the contract to another lawn service. The new crew looks like bunch of un-bathed pirates and I do not want them snooping around my house. The person who was doing the actual work on my lawn has started his own business. Can I cancel my original contract because it was sold to another company?

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My response:

Yes, I believe you can. Your original contract was entered into based up certain facts, and when those facts vanished, a failure of consideration occurred; i.e., your exchange of money for a certain person to do the work, and quality of that person's work. An existing contract, transfered to an unknown quality, does not require you to maintain that contract; e.g., you would never have contracted with the transferee from the outset, and you are under no obligation to accept that quality if you don't agree to it.

Two people can push a mower but, only one of those people know how to push it the way you like.

The contract has failed.

IAAL