421,180 views
21 votes
21 votes
Contracts Capstone 18 of 25Items 36:16 Assignment completion: 72.00% Item 18After selecting an answer, more information on the topic may be found at the bottom of the page The owner of a condominium hired a cleaning and junk removal service to clean his condominium after he moved. The parties agreed in writing that the company was to completely empty out the condominium, wash the walls and floors, and clean the appliances in exchange for $1,500. Shortly after beginning performance, the company assigned to a creditor its right to all monies due under the contract (i.e., $1,500), and the creditor promptly notified the condominium owner of the assignment. The condominium owner acknowledged the assignment. The company continued working, completely emptying out the condominium, washing the walls and floors, and cleaning all of the appliances except for the oven before quitting the job. It would cost $150 to hire a substitute to clean the oven. The condominium owner refuses to pay the creditor anything because of the cleaning service's breach. If the creditor sues the condominium owner, how much, if anything, is the creditor entitled to recover

User Fiore
by
2.8k points

1 Answer

11 votes
11 votes

Answer: The creditor will be able to recover $1,350

Step-by-step explanation:

The amount that the creditor will be able to recover will be the contract price less the damages for the minor breach by the company.

In this case, the company finished all of the tasks except for the cleaning of the oven. Since this is minor with regards to the contract, the company will be seen to have performed its contract.

Since we are told the cost of finishing the job was 10% of the contract cost, this will be regarded as a minor breach, therefore, the owner of the condominium cannot avoid the payment of the price of the contract price. In this case, the creditor will be able to recover ($1500 - $150) = $1,350.

User Xdissent
by
3.3k points