can someone please help!
Sam the painter and Rob enter into a contract on 9 October 2006 for Sam to paint the
interior of Rob's house, according to specifications set out in the contract. The contract
provides that Sam will commence work on 16 October 2006. Sam starts painting that
day, and finishes the work required on time in the early afternoon of 19 October 2006.
***Earlier that day, at 9am in the morning, Sam and Rob have the following conversation.
Rob: 'I would like to get my grand piano back from where it is stored with my
neighbour, so I can play it at my daughter's birthday party tomorrow.' Sam: 'No worries
Rob.' Apart from saying hello and goodbye there are no other statements in this
conversation, and Rob leaves shortly afterwards to buy supplies for the party.
returns that afternoon she is met with a scene of devastation. Although the painting has
been completed properly, the road in front of Rob's house is strewn with the shattered
wreckage of the grand piano.
After the painting was finished, Sam had driven her small
truck into the driveway of the neighbour's house, and loaded the piano onto the truck
with the help of her two assistants and the neighbours. Sam then drove out onto the road,
and 20 metres down the road had turned left into the driveway of Rob's house. At this
point, as the truck was turning, the gate at the back of the truck suddenly swung wide
open, and the piano came out of the back of the truck, falling heavily onto the road,
breaking up into several pieces, all of which are completely beyond repair.
one of my q. asks does the conversation on the 19
October 2006 contains a consensus (an offer and acceptance or agreement) sufficient
to support a contract? is there sufficient consideration?
Im confused as to whether it is an oral contract or a non contractual agreement!
Also Is sam liable for the piano in the tort of negligence?