Reference no: EM132350098

Your client, Miranda Roberts, entered into a written and signed contract with Daniel Anderson on May 1, 2019under which Mr. Anderson agreed to paint Ms. Roberts' entire house for a total price of $5,000.

Although Mr. Anderson did paint the entire house, Ms. Roberts has informed you that, in her opinion, he did not do a good job and as a result, she does not feel that she should pay him the $5,000 as per the contract terms. She has also informed you that they have been arguing back and forth about this matter for the last three weeks. She is willing to send him a check for $2,500 (the amount that she thinks his services were actually worth) as full payment for his paint job.

Ms. Roberts has asked for your advice as to whether she could send just the $2,500 as full payment and not be legally responsible for the remaining $2,500, should Mr. Anderson seek to sue her for breach of contract. Please prepare a memo to Ms. Roberts advising her on this matter. Your memo should specifically deal with and explain the issues of: (1) whether the original contract terms are enforceable against Ms. Roberts and (2) consider the circumstances if she sends the $2,500 and Mr. Anderson accepts that payment and then sues her for the balance.