Rita hires Pro Flooring to install grey granite floors throughout her home. The home is 21 rooms and 6000 square feet. They fee will $12000. The contract is scheduled to last until September 1st. At first, Pro Flooring seems to be a doing a very good job and Rita is happy with the progress. However, after completing most of the home, they delay the completion of the final room. After not showing up for over 2 weeks. Pro Flooring tells Rita that they will not be able to complete the job and that she should look elsewhere for someone to complete the work. That week, they send her a bill for $12000. Rita is very angry and refuses to pay, Pro Flooring sues her for payment.
No payment would be required due to Quantum Meruit. |
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Pro Flooring is entitled to full payment as they did most of the job and expended money and energy in the work. |
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Rita is correct. The contract was breached. No payment is required |
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The contract was substantially performed and thus Quantum Meruit would be required. |
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Quantum Meruit is required as no purchase price was discussed. |
The contract was substantially performed and thus Quantum Meruit would be required.
Reasoning :
Since Pro flooring completed most of the work ,this would qualify as substantial performances since Rita was also satisfied with the work at the home. Quantum Meruit is paying up the reasonable amount that Pro Floorong deserves and in case ,this may be used to decide the payment amount.
Rita hires Pro Flooring to install grey granite floors throughout her home. The home is 21...