I am currently writing an essay for my business law module as well as revising for the upcoming exam. I am starting to over think here (I am actually an accounting student, so its my first time doing law), so I just want help to clarify that my ideas are correct. As I believe that this case has something to do with Acceptance of partial performance & sales of goods act since she asked for another builder for help, but can she claim parts of the previous instalments back for the work he had done, base on Sumpter v Hedges (1898)? I know that he cant claim any money from her anymore....
Ben, a builder, who agreed to convert the bookshop for £25,000. Ben agreed to start work on 1 September and said the job would take about six weeks. Clare agreed to pay Ben £5,000 on signing the contract, with the balance payable in two instalments of £10,000 due on 1 October and on completion of the work.
Ben started work on the conversion but shortly after receiving the second instalment on 1 October, he told Clare that he was currently working on too many other building projects and that he would not be able to complete the job. Clare engaged another builder who finished the work for £14,000. She wants to know if she can claim compensation from Ben and whether Ben can recover any more money from her.
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Last edited by bobby135; 07-01-2015 at 16:41.
- 07-01-2015 15:04