Jim is a disabled veteran. Because of his disability, Jim can only work part tim

Question

Jim is a disabled veteran. Because of his disability, Jim can only work part time. He collects government disability to help finance his monthly home mortgage payments and ordinary living expenses. Jim lives in a modest subdivision consisting of small ranch homes with asphalt driveways.

On the morning of June 8, Jim was awoken at 6 a.m. by the sound of machinery and heavy equipment outside his home. He immediately entered his living room and peeked through his closed window blinds. To his surprise, an asphalt crew from Ready Pave was beginning to re-surface his driveway. At first Jim started to open his front door to speak with the crew. But then an idea arose. If he were to keep silent and stay inside with his blinds drawn, perhaps the crew would finish its work and re-surface his driveway for free. After all, Jim and Ready Pave did not enter into a contractual agreement for the work. It isn't Jim's fault that Ready Pave mistook his address for that of his neighbor.

Questions posed:

Are Ready Pave and Jim bound by a contract? Please explain why or why not.

Should Jim be liable for payment upon completion of the work? While this may seem to be a question that addresses morality, do not forget to address the legal dimensions of the dilemma.

Can you think of a legal theory, other than strict contract, that would bind Jim to a legal duty to pay Ready Pave upon the completion of the work? If yes, briefly explain this theory and how it could apply to these facts.

Explanation / Answer

Yes Ready Pave and Jim were not in a contract because everything that happened was in absence of Jim. Before doing the work, they never enquired regarding the work. Rather this is a mistake. A contract can happen when there is an agreement between both the parties with mutual consent. But nothing happens here.

No, Jim is not liable for payment as this is a mistake by the other party after completion of the work. Legally it is a mistake but while addressing morality, Jim should pay as when the work was on, he was aware but he knowingly didn't inform about the mistake.

It is not a contract rather it is a quasi-contract that binds Jim to pay Ready Pave upon completion of the task. The quasi contracts is actually not an agreement rather it is a remedy that government uses to enrich one person the correct value in absence of any expressed or implied contract. As Jim is benefited and is aware about the work, it becomes a moral obligation to pay Ready back his money for the services.

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