Question

Mr. Brown hired Lowe's Maintenance Services Limited to repair and paint the exterior wall of his office. The parties signed a contract under which Mr. Brown would select the materials to be used on the project. Lowe's Maintenance Services Limited was also the manufacturer of ABC paints and encouraged Mr. Brown to purchase their paint, based on what they indicated was its suitability, for use on the project. Mr. Brown purchased ABC paint, which was used but turned out to be inappropriate for that particular application.

Identify and describe the contracts involved in this incident.

Answer 1

The contract that was involved in this case was the service contract between Mr. Brown and Lowe's Maintenance Services Limited for the repair and painting of the exterior wall of the office. The choice of ABC paints by Mr. Brown was not a contract but it was done through persuasion by Lowe's Maintenance Service and not due to any contractual obligation on the part of either Mr. Brown or Lowe's Maintenance Services.

So, the contract involved in this case was only the agreement between Mr. Brown and Lowe's Maintenance Services Limited for the repair and painting of the exterior wall of the office owned by Mr. Brown.