Helen contracted to buy a pool heater from Sunkissed pools. As part of the contract, Sunkissed agreed to install the pool heater, which was delivered to Helens home and left in the driveway. The heater was too heavy for Helen to move and she was forced to leave it in the driveway because no one from Sunkissed responded to her calls about installation. The heater was stolen from her driveway. Who should bear the risk for the stolen pool heater?

Question

Tessa Dominguez

Business

17 March, 22:36

Helen contracted to buy a pool heater from Sunkissed pools. As part of the contract, Sunkissed agreed to install the pool heater, which was delivered to Helens home and left in the driveway. The heater was too heavy for Helen to move and she was forced to leave it in the driveway because no one from Sunkissed responded to her calls about installation. The heater was stolen from her driveway. Who should bear the risk for the stolen pool heater?

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Kate Lester · Answer 1

The contract included a clause which stated that they will install the pool heater for Helen thereby giving Helen legal foundation to file for breach of contract. This contract has not been made void/redundant as installing the pool heater is not a primary clause - the purchase of the heater is - however, Helen may seek damages or specific performance where the contract clauses are carried out as they were meant to.