Best Course of Action

Every person has their dream goals which they aim to achieve in their lifetime. These may be oriented to their careers, hobbies, health, fantasies, or personal preferences. Some of these goals may be reasonable, while others may prove challenging. However, they provide a motivational purpose in people’s lives, especially where honest means are employed. Therefore, legal approaches are necessary in ensuring the achievement of these goals and avoiding frustrations in case of failure.

Contract Formation

To ensure that the goal of building my dream house is realized, I must incorporate some legal frameworks that work in favor of both parties. This way, no one will be frustrated; hence, a quality outcome will be ensured. My initial step would be to formulate a contract which will be the binding agreement between me and the contractor building my house. The contract should be free from any mistakes that could lead to legal termination. All the necessary information concerning my requirements which are; a metal roof made of zinc, a pond with dangerous south American fish, and a handcrafted statue of Enlil in the pool, will be clearly outlined. This fact material will enable the contractor to decide on whether they can partake in the contract (Gavin, n.d). Once the contractor has accepted the contract, I shall make sure that we both share an understanding of the requirements in terms of the material quantity or quality. This will ensure that possible unilateral or bilateral mistakes are avoided. Moreover, I will involve a third party knowledgeable in the construction sector to aid in the identification of possible misrepresentation of the contract. For instance, the person will ensure that the opinions provided by the contractor are encompassing by including possible risk factors associated with my requests. Therefore, the concealment of vital information will be avoided by both parties.

Voluntary Consent

For one to be able to provide a perfect outcome for their job, the person should be willing to carry out the task willingly. This means they will be willing to go out of their way to impress and meet the client's needs to ensure they build an excellent reputation for their business. Thus, to ensure that my requests are met, I will allow the contractor to consent to the task at hand voluntarily. There will be no undue influence or threats that impose duress, allowing them a bargaining opportunity to avoid the adhesion contracts scenario (Gavin, n.d). Hence, the contractor's ability to deliver will be enhanced through these.

Breach and Remedies

The presence of the contract will be of great help if the contractor fails to deliver. Having followed all the requirements for a legal contract with no loopholes, the failure of the contractor to deliver what was requested will necessitate me to seek specific performance as a remedy for the breached contract (Gavin, n.d). This way, the contractor will be forced by law to complete my dream house requests. However, if the contractor accomplishes his task per the contract and to my satisfaction, full payments will be made, and the contract will be successfully discharged.

Approaching the situation legally will promote the ability of the contractor to complete the requested dream house effectively. The contractor will be motivated to deliver the best services through voluntary consent and a proper understanding of the contract terms. If the contractor fails to meet his requirements, the law can instruct him to fulfill his duty, enabling me to achieve my dream house.

References

Gavin, O.  Chapter 13: Contract performance, breach, and remedies