Asked by Heather Hernandez on Jul 16, 2024
Verified
Wrong Deck.Penny hires Jackson to paint the back deck on her house.She agrees to pay him $200 for the job and he accepts,sight unseen.They enter into the agreement on Tuesday,and he is to paint the deck on Saturday.When Jackson arrives,neither Penny nor her neighbor is at home.He mistakenly paints the neighbor's deck.Penny calls him the next day and asks him why he did not paint her deck.He informs her that he did paint the deck.It is then realized that he mistakenly painted the neighbor's deck.Penny tells him not to worry because the neighbor will be required to pay him.Jackson says that if the neighbor does not pay,he expects all of his funds from Penny.Which of the following is correct regarding Penny's assertion that the neighbor will be required to pay Jackson?
A) She is correct.The neighbor will be required to pay Jackson under a theory of quasi-contract.
B) She is correct.The neighbor will be required to pay Jackson based upon an implied-in-fact contract.
C) She is correct.The neighbor will be required to pay Jackson based upon an implied-in-law contract.
D) She is correct.The neighbor will be required to pay Jackson based upon an express contract.
E) She is incorrect.The neighbor will not be required to pay Jackson.
Implied-In-Law Contract
An obligation created by law for equity and fairness, even though no actual agreement was made by the parties.
Quasi-Contract
An obligation imposed by law in the absence of a contract to prevent unjust enrichment, where one party receives a benefit at the expense of another without a formal agreement.
- Understand the various kinds of contracts such as bilateral, unilateral, implied, and express, along with their attributes and legal consequences.
- Recognize the various methods through which an offer might come to an end and its consequences for the formation of a contract.
Verified Answer
UC
Upasna ChatterjeeJul 18, 2024
Final Answer :
E
Explanation :
There are limits to the quasi-contract doctrine,however.Specifically,the enrichment must be unjust.Sometimes a benefit may simply be conferred on a person because of a mistake by the other party,and the courts will not make people pay for others' mistakes.
Learning Objectives
- Understand the various kinds of contracts such as bilateral, unilateral, implied, and express, along with their attributes and legal consequences.
- Recognize the various methods through which an offer might come to an end and its consequences for the formation of a contract.