Reference no: EM133843950

Contracts Essay

Please respond to the following fact pattern in the form of a law class essay response.

Baker wished to open her own bakery shop. She found a space that she felt would be perfect for such an operation and on February 1 she signed a five-year lease for the space. She planned to open her bakery on September 1. She hired staff to begin work on that day and paid for radio and newspaper advertising to announce the opening.

In order to prepare the space for the opening of the bakery, she contacted Painter, a local painting contractor. Baker and Painter signed a contract which provided that Painter was to paint the interior of the space using Canary Yellow paint manufactured by Dayglow, and that the painting was to be completed by August 20. In exchange, Baker promised to pay Painter $5,000. Painter knew the importance of on-time performance to allow Baker ample time to complete the decorating and to let the paint smell dissipate. For this reason, the contract noted that time was of the essence.

Painter's painting crew finished the painting on August 22. The paint they used was Island Sun Yellow manufactured by Colorstream. When Painter presented the bill, Baker claimed that the color did not conform to the contract. Painter explained that he could not get Canary Yellow manufactured by Dayglow due to a strike at the Dayglow manufacturing plant, and after an exhaustive search determined that Island Sun was the closest he could find to match Canary Yellow.

Baker refused to pay Painter. She hired another painter who repainted the interior in the Canary Yellow color, which was now readily available. The second painter finished painting the interior of the space on September 30 and charged Baker $6,000. The bakery did not open until November 1.

1. Can Painter enforce the contract and, if so, what amount can he recover? Discuss.

2. In an action by Baker against Painter for breach of contract, what damages, if any, can she recover? Discuss.