business Law
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Niagara College *
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Course
06
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
5
Uploaded by ChancellorHedgehogPerson667
Submitted by: Satwinder Singh 4498559
Rajpreet Singh 4486788
CANADIAN BUSINESS LAW
BUSN1155
Submitted To:
Craig Chong
1. Does the party have a contract?
Answer:
Mark and Stanley may have entered into an unspoken agreement about lawn services. A contract for services rendered was created on their first agreement of $300 to mow the lawn. The next cutting and billings cement this understanding, even if the second amount was $200.Mark’s comment that he would purchase his own lawnmower and take over suggests anything more than termination of a contract. As such, it appears as though some future change
is possible in agreement between them. Thus, Mark also assured Stanley that he could always ask him for help whenever necessary.
This thus adds another dimension to the said contract as it were when Stanley mowed while Mark and Jean were away on vacation. Even though at that time Mark did not directly request for service, however, actions by Stanley would imply fulfillment of that unwritten commitment about availability on short notice. In this regard, a bill left at the door giving details of services done together with charges enhances the idea that these two had contractual relationship. The problem might be in what they charge for weed spraying which is $100. Though Stanly may have perceived it as part of the deal, there are chances that Mark would argue that he never discussed nor agreed to any other additional service like this one.
2.
What elements, if any, are missing in the contract?
Answer:
The following is a list of missing or ambiguous parts in the contract between Mark and Stanley as explained on the case: *
Specific Terms and Conditions
: The contract does not specify how frequently the lawn should be maintained or how long it will continue. It would have been helpful to understand how often Stanely would mow the lawn, what services were included and for how long this arrangement would last.
Payment Terms:
There was no clear breakdown of payment terms although Stanley rendered services and Mark made payments. A comprehensive account of when money should reach the pocket, how it is paid out, and whether there are any fines due to late payments may make the contract stronger.
Scope of Services
: The contract is silent about scope of services. Although there is obviousness regarding mowing the lawn, there is no explicit mention in respect to extra charge for weed spraying. This helps avoid uncertainties about what constitutes part of the agreed-upon price.
Termination Clause
: The agreement does not provide any method through which either party can cancel it. Inclusion of a termination clause outlining when conditions upon which an agreement can be terminated and relevant sanctions will clarify everything.
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Communication Protocol:
Changes or additional services are not provided for in the contract. The agreement should have a defined system of communication to avoid misunderstandings, which would involve Mark and Stanley reaching consensus before any new charges or services are introduced. This could easily be resolved by putting these aspects down in writing to prevent disagreements
and make the contract between Mark and Stanley stronger.
3. What legal issues does this situation raise, and what arguments would be used by the parties involved?
Answer:
One-sided Error:
If Stanley misunderstood Mark's motives about mowing the lawn while they were on vacation, then there may have been an unintended mistake.
Dispute about Service Scope:
There is disagreement over the range of services offered, particularly with reference to weed spraying. Mark could argue that he never asked or agreed of this extra service.
Contract Termination:
It's unclear from the circumstances if Mark's declaration that he was going to buy his own lawnmower canceled the contract.
Parties' arguments: Mark: Mark could argue that by stating his desire to take up lawn mowing on his own, he informally ended the contract. He may argue that the weed-spraying accusation was not agreed upon. Stanley: Stanley may contend that, in the event that Mark became incapacitated, he knew Mark intended him to keep cutting the grass. He may argue that maintaining the yard required the weed spraying.