Question

For an agreed upon fee, a pest control company properly treated a residence for termites. In addition, the company entered into an agreement with the homeowner that, in exchange for an additional annual fee, the company would repair any damage to the residence caused by termites for four years. The day after the homeowner paid the final annual fee at the beginning of the fourth year of the agreement, he discovered a termite infestation in the home while changing a light bulb in his basement. The homeowner took no action until the final month of the agreement, when he notified the pest control company of the infestation. The pest control company refused to repair the termite damage. The homeowner then hired a contractor to repair the termite damage at a cost of $25,000. Had the homeowner notified the pest control company when he first discovered the termite infestation, the cost to repair the termite damage to the residence would have been $3,000. The homeowner sued the pest control company for breach of their annual repair agreement. What damages should the court award to the homeowner

Answer 1

Answer: $3,000, because the homeowner failed to timely notify the company of the termite infestation.

Step-by-step explanation:

It should be noted that a party to a contract shouls be able to curtail damages to a property and therefore avoid undue risk or expense that may be incurred.

Based on the question, the homeowner could have easily avoided the $25000 paid for the costs of the repairs if he didn't delay the notifying of the pest control company.

Therefore, based on this scenario, the homeowner's damages will be limited to the amount of $3000. Therefore, the damages that the court should award the homeowner is $3,000, because the homeowner failed to timely notify the company of the termite infestation.