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Summary Of The Clarkson Vs. Orkin Determinating Co. Inc.

557 Words3 Pages

Introduction The Clarkson v. Orkin Exterminating Co. Inc. case took place in the year 1985. Mrs. Clarkson sued Orkin Exterminating Co. Inc. for three distinct charges. Orkin had a contract with both the previous owner of which Mrs. Clarkson inherited after purchasing the house. The agreement stated that Orkin Exterminating Company was to be paid a certain amount of money to handle exterminating practices in this case; spraying of termites. Upon the completion of this, the contract also stated that the exterminating firm was to offer free exterminating services if at all there was a recurrence of the above-stated issue. Mrs. Clarkson moved to court claiming that Orkin had failed to deliver its end of the bargain. In what way did Orkin breach its duty? …show more content…

The company was mandated by the contract to ensure that the house had no termite infection. This was not the case as a representative of the company sent to check on Mrs. Clarkson’s allegation reported back that there was no termite infection. The plaintiff was then forced to seek the services of another exterminating company that was able to certify that indeed there was a termite infection. The termites had also destroyed the wood under the house of which they damaged, and the plaintiff used her own money to replace and repair them. First and foremost, the defendant breached the contract of its duties by lying that there were no termites in the house when indeed the insects were present. Second, upon Mrs. Clarkson ascertaining that there were indeed termites in the property, Orkin which was supposed to offer free retreatment of the property did not. Mrs. Clarkson was then forced to seek the services of another company and had to use her own money for the services that Orkin was supposed to offer at no

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