contracts with D a builder lor D to build him a house They

%\" contracts with \"D\", a builder, l\'or \"D\" to build him a house. They further contract and agree that \"B\" was to use Cooper piping for the plumbing, which pipes were to be \" wide and which cost was $3.00 per pipe. They rigured that ose would need 100 pipes installed. By mistake \"B pe pipes. They were \" wide but cost $2.85 e \"Smythe\" pipes and replace them with \"Cooper\" y used \"smythe\" piping which-was just as good in quality as \"Cooper \" a pipe. When\"\" to rip out th pipes and that he won\'t ay \"B\" for the work performed. ays that if he rips out the pipes, he will destroy the house. en A finds out about the mistake, he tells \"1B\" refuses to pay \"B\", and \"B\" sues \"A\" for $300.00 a. What is the issue here wi li \"B\" collect anything rrom \"?\"? llow much? State the reasons for your answer. c. W i 11 \"A\" collect anything from \"B\" if he sues \"B\"? How much, ir anything, and state reasons for your answer Suppose \"B\" intentionally used an inferior brand of pipe which only cost $1.50 a pipe. Upon this discovery \"A\" refuses to pay \"B\", and \"B\" sues \"A\" ror $300.0. d. Wil1 \"B\" be successful in this action? State reasons ror answer. e. Will \"B\" collect anything from \"A\", ir so, how much? r. What causes or action does \"A\" have against \"B\" and can \"A\" collect any money from \"B\" because of \"B\'s\" breach Ir so, how much?

Solution

A . The Issue :

\"A\" made a contract with \"B\" the builder to built a house to him, they further contracted to use Cooper pipes which cost $ 3 per pipe. But \"B\" mistakenly uses Smythe pipe which cost $ 2.85 per pipe , which is as good in quality as Cooper pipes. A wants a replacement for the mistake done by B , so the issue is whether the mistake accidentaly made by \"B\" will make the contract void or invalid.

B. As \"B\" mistakenly uses Smythe pipes which is also good in qualit as Cooper pipes \"B\" will be able to collect the amount he spent for smythe pipes ie. $285 ($ 2.85*100 pipes).

C. If \"A\" sues \"B\" there is less chance of getting compensation for A ,as the product Smythe is also of same quality as Cooper pipes , but however there might be chance of not paying to B for the pipes he mistakenly used , but this will not make the contract invalid.

D. NO. \"B\" will not be sucessful on suing \"A\" , if \"B\" uses inferior brand pipes intentionally .

E. If \"B\" uses Intentionally inferior brand products he will not be able to collect anything from \"A\".

F. \"A\" will be having the right to sue against \"B\" for his act of using inferior brabd pipes intentionally . This will come under fraud or misrepresentation of fact so that A can able to collect compensation for the act of \"B\".