Breaches of Contracts: Fulfilling the Elements of a Contract

636 Words Jan 11th, 2018 3 Pages
The seller advertised that the windows came with a guarantee of the workmanship for as long as the purchaser owned the house. After purchasing the windows, a number of the windows cracked. The seller refused to replace the window because the crack was due to a defect in the glass, not because the windows were improperly installed. The buyer is suing for breach of contract. In the situation, the contractor breached one or more of the contract performance requirements. For a contract to be enforceable, it must satisfy six essential elements. The first element is that there must be an offer and an acceptance of that offer. In this instance, the seller advertised the replacement windows services, the homeowner received an estimate, the two agreed to the estimate, signed a contract and exchanged a deposit, and the seller installed the windows. However, although the seller advertised a 'lifetime guarantee as long as you own your home,' this was not written into the contract. The homeowner also said that he or she was not aware that the windows were manufactured out-of-house and only installed by the contractor, not made by the contractor (Introduction to contracts, 2007, PowerPoint: 3). The second element is that there must be a clear understanding of the agreement or a so-called 'meeting of…

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