Vince agreed to paint Jen's house for $4,000, inside and out. Normally, it would have cost Jen $6,500 but Vince felt sorry for her because she was a single mother with four children and not much money, so he decided to give her a good deal. When Vince had painted everything except the kitchen ceiling, Matt asked him to go on a fishing holiday with him, and Vince, who was rather irresponsible, decided he had had enough painting. He left a note for Jen saying "You've had more than your money's worth with what I've done already. I'll expect your cheque for $4,000 to be at my office when I return in two or three weeks." Which of the following statements is correct?
A) Vince is entitled to the full amount of $4,000 since, as he has in fact done at least $4,000 worth of work, he should get that on a quantum meruit basis.
B) Vince abandoned the contract before he had completed performance and is not entitled to any money since he has breached the contract.
C) Vince is entitled to $4,000, less what it costs Jen to finish having the kitchen ceiling painted, since he has substantially performed the contract.
D) The court will order specific performance of the contract and Vince will have to complete the painting for the agreed-upon $4,000.
E) None of the statements are correct.

Question

Quizplus · Accepted Answer

Vince has substantially performed the contract by completing most of the work, so he is entitled to the agreed payment minus the cost for Jen to have the remaining work (kitchen ceiling) completed by someone else.

Vince Agreed to Paint Jen's House for $4,000, Inside and Out