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- This problem is based on the exceptions of the common law doctrine of precise and exact i.e. substantial performance.
- In this case it is clear that Annan has substantially performed his part of the contract and is
therefore entitled to payment for work done.
- Angela is bound to pay Annan the contract price less the amount she is likely to spend to have the door painted as agreed and since Angela has paid a “reasonable” sum for Annan's work, Annan has no cause of action against Angela. However if the amount is too low, he may have a cause of action for breach of contract.
- My advise to Annan is that he has no actionable claim against Angela. This advise is based
on the decision in Marshides Mehta and Co. Ltd. V Barron Verhegen whose facts were
substantially similar.
raphael answered the question on April 17, 2018 at 18:12
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