Author Question: Suppose a hurricane is going to hit South Florida; there are two days to prepare for it and the ... (Read 43 times)

scienceeasy · **on:** Jun 24, 2018

Suppose a hurricane is going to hit South Florida; there are two days to prepare for it and the owner of a house is on a raft trip in Brazil and cannot be reached. The next door neighbors spend 800 on plywood and other materials to protect the house from the hurricane. Legally, this expenditure:
a. is a gift from the neighbors, nothing more
b. is the responsibility of the homeowner; there is an agency by estoppel
c. is the responsibility of the homeowner; there is implied ratification of the agency d. is the responsibility of the homeowner; there is express ratification of the agency e. none of the other choices

Question 2

Recovery for Services Rendered. After Walter Washut had suffered a heart attack and could no longer take care of himself, he asked Eleanor Adkins, a friend who had previously refused his proposal of marriage, to move to his ranch. For the next twelve years, Adkins lived with Washut, although she retained ownership of her own house and continued to work full-time at her job. Adkins took care of Washut's personal needs, cooked his meals, cleaned and maintained his house, cared for the livestock, and handled other matters for Washut. According to Adkins, Washut told her on numerous occasions that everything would be taken care of and that she would never have to leave the ranch. After Washut's death, Adkins sought to recover in quasi contract for the value of the services she had rendered to Washut. Adkins stated in her deposition that she had performed the services because she loved Washut, not because she had expected to be paid for them. What will the court decide, and why?

jgranad15 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

e

Answer to Question 2

Recovery for services rendered
The court granted a motion for summary judgment in favor of Washut's estate (Adkins had filed her suit against the estate's executrix, Gayle Lawson). On Adkins's appeal, the state supreme court affirmed, holding that her claim was barred because, as she herself testified, she had not expected to be paid. A party who is seeking damages on the basis of unjust enrichment must prove four elements: (1) Valuable services were rendered, or materials furnished, (2) to the party to be charged, (3) which services or materials were accepted, used and enjoyed by the party, and, (4) under such circumstances which reasonably notified the party to be charged that the plaintiff, in rendering such services or furnishing such materials, expected to be paid by the party to be charged. All of the parties agreed that Adkins met the first three requirements. The court agreed with the estate that Adkins could not recover because she did not satisfy the last elementshe cared for Washut in a gratuitous family relationship.