Reference no: EM132272643
Bob paints cars in a makeshift paint booth in his backyard. He does not have a business license. His next-door neighbor for many years Jim asks “Bob, Can you paint my 1965 Mustang this week? I want to give it to my son for his college graduation next Wednesday. I’ll be out of town until next Tuesday, how does $1500 sound?” Bob says to Jim,” I guess that would be OK, but I have to check some other stuff. Just leave it in my driveway.”
Jim parks the car in Bob’s driveway with a check for $1500 on the driver’s seat and leaves town for the rest of the week. The two neighbors do not speak again until Jim returns on Tuesday afternoon to find the Mustang sitting in Bob’s driveway unpainted and the check not cashed. Jim is very angry and files a lawsuit to force Bob to immediately paint the car and recover as much damages as possible. Bob has come to the legal clinic for advice on the following questions:
(A) Is there a valid and enforceable contract? Explain why in detail.
(B) Do all of the required elements exist? Explain why.
(C) What possible defenses to the formation of a contract might Bob have?
(D) If a valid and enforceable contract is found, what remedies including damages might Jim be able to obtain against him?
Provide Bob with written answers and explanations to all four questions.
Your response should be at least 100 words.