Shawn and Harry signed a contract for Shawn to build a house for Harry according to the specifications provided by Harry. The contract stated that Shawn would be paid $125,000. Shawn unintentionally deviated from the specifications in several minor respects. The house was soundly constructed, and Shawn completed the work within the promised time. Harry refused to pay Shawn any of the $125,000, arguing that the house did not conform to the specifications. In this case:

a. Harry will get a decree of specific performance.

b. Shawn has no right to be paid for any of his work because he breached the contract.

c. if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused by his failure to perform as promised.

d. if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused to him because of the delay in payment.

Question

Business

Gordon Melendez

24 June, 14:49

Shawn and Harry signed a contract for Shawn to build a house for Harry according to the specifications provided by Harry. The contract stated that Shawn would be paid $125,000. Shawn unintentionally deviated from the specifications in several minor respects. The house was soundly constructed, and Shawn completed the work within the promised time. Harry refused to pay Shawn any of the $125,000, arguing that the house did not conform to the specifications. In this case:

a. Harry will get a decree of specific performance.

b. Shawn has no right to be paid for any of his work because he breached the contract.

c. if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused by his failure to perform as promised.

d. if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused to him because of the delay in payment.

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Ada Weber · Answer 1

In this case: c. if the court finds that Shawn has substantially performed, he will be able to recover the contract price less any damages caused by his failure to perform as promised.

Explanation:

Harry signed a contract with Shawn to build a house. Harry made some specification to build the house. Shawn did not complete the house according to the specification of the Harry. So Harry refused to pay the contract amount.

Under doctrine of specific performance, the defendant, who has performed substantially, saving some part of contract which is not central to the contract unintentionally, he / she is entitled to receive the contract price as agreed less the money needed to correct the mistakes made by him.

So in this case, Harry can pay less money than the contract price.