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ANSWRE WITH STEP BY STEP EXPLANTIONQuestion 1 Esther wants to renovate her house. She invited quotations to repair and replace the taps and showers in her house (“Plumbing Works”) and replace the electrical sockets (“Electrical Works”). Rebecca and Vanessa submitted quotations to Esther. Their quotations were as follows: [Rebecca Plumbing Works Electrical Works $30,000.00 complete in 2 weeks $20,000.00 - 2 weeks (Vanessa ~~ [ Plumbing Works Electrical Works $40,000.00 complete in 1 week $30,000.00 - 1 week Esther wanted the works done fast and cheaper and intended to engage Vanessa for the Plumbing Works and Rebecca to install the Electrical Works. Esther contacts Vanessa and tells Vanessa, “I want to engage you, but your price is too high.” There was much bargaining between Vanessa and Esther and the conversation ended with Esther saying $25,000.00 is the best she can accept for the Plumbing Works. Vanessa said he had to think about it. Esther then faxed to Vanessa cancelling the quotation for the Electrical Works. In respect of the Plumbing Works, Esther cancelled the price of $40,000.00 and wrote $25,000.00 — start this Monday — 9am. It was Friday evening when Vanessa saw Esther’s fax. As her secretary had gone home, she did not bother to reply. On Saturday evening while out with her family for dinner, Vanessa bumped into Rebecca at the restaurant. In the course of the conversation, Rebecca was told by Vanessa that he had been engaged by Esther to carry out the renovations to Esther's house. She did not know it was only for the Plumbing Works. On Sunday morning, Rebecca bumped into Esther at the jogging track. Rebecca who was very concerned about appearances thought it was best to withdraw her offer/quotation rather than having Esther tell her that she has engaged someone else. Thus, before Esther could say anything, Rebecca told Esther, “Esther, about the quotation last week, sorry about it. I just got engaged for a big project and cannot service your house. Please find someone else.” Esther did not wish to discuss business during the weekend and just left it as that. On Monday morning, Vanessa turned up at Esther's house at 9am and started work. Esther asked Vanessa whether he could also do the Electrical Works for a further $20,000.00 but was told by Vanessa that $30,000.00 was her best price. Late that morning, Esther faxed to Rebecca and said in her fax, “Your quotation for Electrical Works is OK. Please start work by end of this week. I have already engaged someone else for Plumbing Works.” Rebecca ignored Esther’s fax and refused to take Esther’s call. That Sunday, when Esther bumped into Rebecca at the jogging track, she was told by Rebecca that Rebecca was “too busy” and could not work for her. Esther said she had signed Rebecca’s quotation and would sue Rebecca if she would not do. Vanessa now says she is too busy for the Electrical Works. Esther called for quotations from other contractors and subsequently engaged Olivia to carry out the Electrical Works for $60,000.00 as she was charging the cheapest amongst the other contractors. Esther is furious with Rebecca and Vanessa for refusing to do the Electrical Works. She refuses to pay Vanessa for the Plumbing Works and wants to sue Rebecca and Vanessa for breach of contract. Review the facts stated above carefully and thereafter demonstrate your understanding of the law by identifying the relevant issues and applying the relevant legal principles to the factual scenarios. Where applicable, please cite the relevant statute or case law. Advise Esther in respect of her rights and liabilities to: (a) Vanessa in respect of the Plumbing Contract. (30 marks) (b) Vanessa in respect of the Electrical Contract. (10 marks) (© Rebecca. (20 marks) d) Would your answer to Q1(a) be different if Vanessa has replied to Esther's fax and said “I accept”. Please discuss and give reasons for your answer. (20 marks) (e) Regardless of your answer in Q1(c), for the purpose of this sub-question, assume that Esther and Rebecca had entered into a binding contract for Rebecca to carry out the Electrical Works. What would Esther's damages be and state the basis for your answer. (20 marks) (Total: 100 marks)

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ANSWRE WITH STEP BY STEP EXPLANTIONUploaded ImageQuestion 1 Esther wants to renovate her house. She invited quotations to repair and replace the taps and showers in her house (“Plumbing Works”) and replace the electrical sockets (“Electrical Works”). Rebecca and Vanessa submitted quotations to Esther. Their quotations were as follows: [Rebecca Plumbing Works Electrical Works $30,000.00 complete in 2 weeks $20,000.00 - 2 weeks (Vanessa ~~ [ Plumbing Works Electrical Works $40,000.00 complete in 1 week $30,000.00 - 1 week Esther wanted the works done fast and cheaper and intended to engage Vanessa for the Plumbing Works and Rebecca to install the Electrical Works. Esther contacts Vanessa and tells Vanessa, “I want to engage you, but your price is too high.” There was much bargaining between Vanessa and Esther and the conversation ended with Esther saying $25,000.00 is the best she can accept for the Plumbing Works. Vanessa said he had to think about it. Esther then faxed to Vanessa cancelling the quotation for the Electrical Works. In respect of the Plumbing Works, Esther cancelled the price of $40,000.00 and wrote $25,000.00 — start this Monday — 9am. It was Friday evening when Vanessa saw Esther’s fax. As her secretary had gone home, she did not bother to reply. On Saturday evening while out with her family for dinner, Vanessa bumped into Rebecca at the restaurant. In the course of the conversation, Rebecca was told by Vanessa that he had been engaged by Esther to carry out the renovations to Esther's house. She did not know it was only for the Plumbing Works. On Sunday morning, Rebecca bumped into Esther at the jogging track. Rebecca who was very concerned about appearances thought it was best to withdraw her offer/quotation rather than having Esther tell her that she has engaged someone else. Thus, before Esther could say anything, Rebecca told Esther, “Esther, about the quotation last week, sorry about it. I just got engaged for a big project and cannot service your house. Please find someone else.” Esther did not wish to discuss business during the weekend and just left it as that. On Monday morning, Vanessa turned up at Esther's house at 9am and started work. Esther asked Vanessa whether he could also do the Electrical Works for a further $20,000.00 but was told by Vanessa that $30,000.00 was her best price. Late that morning, Esther faxed to Rebecca and said in her fax, “Your quotation for Electrical Works is OK. Please start work by end of this week. I have already engaged someone else for Plumbing Works.” Rebecca ignored Esther’s fax and refused to take Esther’s call. That Sunday, when Esther bumped into Rebecca at the jogging track, she was told by Rebecca that Rebecca was “too busy” and could not work for her. Esther said she had signed Rebecca’s quotation and would sue Rebecca if she would not do. Vanessa now says she is too busy for the Electrical Works. Esther called for quotations from other contractors and subsequently engaged Olivia to carry out the Electrical Works for $60,000.00 as she was charging the cheapest amongst the other contractors. Esther is furious with Rebecca and Vanessa for refusing to do the Electrical Works. She refuses to pay Vanessa for the Plumbing Works and wants to sue Rebecca and Vanessa for breach of contract. Review the facts stated above carefully and thereafter demonstrate your understanding of the law by identifying the relevant issues and applying the relevant legal principles to the factual scenarios. Where applicable, please cite the relevant statute or case law. Advise Esther in respect of her rights and liabilities to: (a) Vanessa in respect of the Plumbing Contract. (30 marks) (b) Vanessa in respect of the Electrical Contract. (10 marks) (© Rebecca. (20 marks) d) Would your answer to Q1(a) be different if Vanessa has replied to Esther's fax and said “I accept”. Please discuss and give reasons for your answer. (20 marks) (e) Regardless of your answer in Q1(c), for the purpose of this sub-question, assume that Esther and Rebecca had entered into a binding contract for Rebecca to carry out the Electrical Works. What would Esther's damages be and state the basis for your answer. (20 marks) (Total: 100 marks)

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Asked by: coochbehar
Created at: 2025-09-02 22:11:18

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Let's break down the question step by step, as requested. The main legal topic here is **contract law**—specifically, **offer, acceptance, revocation, and damages for breach**. I will address each sub-question in turn. --- ## **(a) Vanessa in respect of the Plumbing Contract (30 marks)** ### **Step 1: Identifying the Relevant Issues** - Was there a binding contract between Esther and Vanessa for the Plumbing Works? - If so, did Vanessa breach the contract? - What are Esther's rights and liabilities? ### **Step 2: Applying Legal Principles** #### **1. Offer and Acceptance** - **Offer:** Vanessa quoted $40,000 to complete Plumbing Works in 1 week. - **Counter-offer:** Esther tries to bargain and finally writes: "$25,000 – start this Monday – 9am." - Under contract law, a counter-offer *rejects* the original offer (see *Hyde v Wrench (1840)*). - Vanessa does not accept the $25,000 offer but says she needs to think about it. - Esther faxes Vanessa *cancelling* the $40,000 offer and writes her own terms. #### **2. Acceptance** - There was no clear acceptance from Vanessa. She did not reply to Esther’s fax. - For a contract to form, there must be acceptance of the offer and communication of acceptance (*Entores Ltd v Miles Far East Corporation*). #### **3. Conduct** - On Monday, Vanessa *turns up* at Esther's house at 9am and starts work. This can be treated as acceptance by conduct. #### **4. Breach** - Vanessa completes the Plumbing Works (not expressly stated, but implied). - No evidence that Vanessa refused to do the Plumbing Works. ### **Step 3: Conclusion** - If Vanessa started work as per Esther’s terms, a contract was formed by conduct, and Vanessa must be paid $25,000. - If Vanessa did not complete the work or refused, then Esther may claim damages for breach. - **Esther is liable to pay Vanessa $25,000 for the Plumbing Works.** --- ## **(b) Vanessa in respect of the Electrical Contract (10 marks)** ### **Step 1: Identifying the Issue** - Was there a contract for Electrical Works between Esther and Vanessa? ### **Step 2: Application** - Esther *cancelled* the offer for Electrical Works to Vanessa. - On Monday, Esther asks Vanessa to do the Electrical Works for $20,000, but Vanessa says $30,000 is her best price. - No acceptance or agreement was reached. ### **Step 3: Conclusion** - **No contract exists** for the Electrical Works between Esther and Vanessa. - Esther has **no claim** against Vanessa for the Electrical Works. --- ## **(c) Rebecca (20 marks)** ### **Step 1: Issue** - Was there a binding contract between Esther and Rebecca for the Electrical Works? - Did Rebecca breach the contract? ### **Step 2: Application** - Rebecca quoted $20,000 for Electrical Works. - Esther faxes Rebecca: "Your quotation for Electrical Works is OK. Please start work by end of this week." - This amounts to acceptance of Rebecca’s offer (*acceptance must be communicated*). - Rebecca ignores Esther's fax and refuses to take her call. - Rebecca later tells Esther she is "too busy" and cannot do the work. ### **Step 3: Conclusion** - **There was a contract** formed when Esther accepted Rebecca's offer. - Rebecca’s refusal constitutes a **breach of contract**. - Esther can claim damages for breach against Rebecca. --- ## **(d) Would your answer to Q1(a) be different if Vanessa had replied to Esther’s fax and said “I accept”? (20 marks)** ### **Step 1: Issue** - What if Vanessa had expressly accepted Esther’s $25,000 offer for Plumbing Works? ### **Step 2: Application** - If Vanessa replied "I accept," a binding contract would be formed (*acceptance of offer*). - Vanessa would then be contractually bound to do the Plumbing Works for $25,000. - If Vanessa refuses or fails to perform, she is in breach, and Esther can claim damages. ### **Step 3: Conclusion** - **Yes, the answer would be different:** If Vanessa had accepted, she would be liable for breach if she did not perform. --- ## **(e) Damages if Rebecca is liable for breach of contract (20 marks)** ### **Step 1: Measure of Damages** - Damages aim to put the claimant in the position they would have been in had the contract been performed (*Robinson v Harman*). ### **Step 2: Application** - Esther would have paid Rebecca $20,000 for the Electrical Works. - Because of breach, Esther had to pay Olivia $60,000. - **Loss = $60,000 (actual cost) – $20,000 (Rebecca’s contract price) = $40,000.** ### **Step 3: Conclusion** - **Esther’s damages are $40,000**, being the additional cost incurred due to Rebecca's breach. --- ## **Summary Table** | Sub-question | Liability? | Reason | Damages (if any) | |--------------|------------|--------|------------------| | (a) Vanessa (Plumbing) | Yes, if started work | Acceptance by conduct | Pay $25,000 | | (b) Vanessa (Electrical) | No | No contract formed | None | | (c) Rebecca | Yes | Acceptance of offer, then breach | Yes, see (e) | | (d) Vanessa (if accepted) | Yes | Contract by acceptance | Liable for breach | | (e) Rebecca (damages) | Yes | Cost difference | $40,000 | --- **Cite cases:** - *Hyde v Wrench (1840)* (counter-offer kills original offer) - *Entores v Miles Far East Corporation* (acceptance must be communicated) - *Robinson v Harman* (measure of damages) --- If you need a more detailed legal discussion or more references, let me know!

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