Contract Dispute: Can Jim Enforce the Contract?

Bob and Jim Contract Dispute

Bob and Jim enter into a contract where Jim will custom make curtains for Bob’s living room. Bob picks out the fabric and Jim makes the curtains. He delivers them to Bob, and Bob refuses to pay and says he does not like them.

Basis for Jim to Enforce the Contract

1- Duress
2- Custom made goods exception
3- Good faith
4- Fair dealings act

Final answer:

Jim can enforce the contract based on the custom made goods exception because the curtains are not marketable to others. Good faith is also expected in contract performance. Duress and the Fair Dealings Act do not apply here.

Explanation:

In this scenario, Jim can enforce the contract with Bob on the basis of custom made goods exception. This exception is relevant because Jim has made the curtains specifically to Bob's specifications, meaning they are not readily marketable to others due to their custom nature. Therefore, even if Bob refuses to pay and claims dissatisfaction with the product, the law typically protects the seller in situations involving custom goods, as they would otherwise be left at a loss with an unsellable product.

Furthermore, the doctrine of good faith and fair dealing, which is implied in every contract, requires that the parties to a contract act honestly and fairly towards each other and not hinder the performance of the contract. If Bob picked out the fabric and requested the custom job, he is expected to uphold his end of the deal unless there's a substantial deviation from the agreed specifications or quality.

However, the options duress and Fair Dealings Act are not applicable in this situation. Duress would only be relevant if Bob was forced into the contract against his will, which does not seem to be the case, and the Fair Dealings Act is not an established principle that applies to this specific scenario.