Yolanda and Rodney agreed that Rodney would paint Yolanda's home for $800, with Yolanda supplying the paint. Rodney went to Yola
nda's home on several occasions to do the job, but she never had the paint ready. Finally, he moved on to other jobs. Six months later Yolanda sues Rodney for not painting the home. Who is likely to win and why? Describe the legal term for Rodney's offer of performance.
Rodney's offer of performance is called attempted performance.
Explanation:
In this scenario a contract was formed for Rodney to paint Yolanda's house.
However this was on the condition that Yolanda makes paint available.
On several occasions when Rodney went to the house the paint was not available. Yolanda has breached the contract, and Rodney has the right to look for other work to do.
Rodney's offer of performance is called attempted performance. This is the situation where a person attempts to perform their role in a contract but are unable to do so because he is prevented by the other party.
Yolanda prevented Rodney from his obligation by not providing the paint
Rodney should win the case because he showed up to do the work but Yolanda failed to perform her part of the contract (provide the paint).
The legal term used to describe Rodney's offer of performance is tender or attempted performance. In this case, Rodney (the promisor) went to Yolanda's house and offered to perform his painting services. Yolanda (the promisee) did not perform her part of the contract by not providing the paint, so the promisor was unable to perform. Since Rodney's non-performance was directly caused by Yolanda's non-performance, he is not liable for anything since Yolanda lost her rights because she breached the contract first.
