Author Question: To make an offer, the offeror must appear to intend to create a binding obligation. Indicate ... (Read 75 times)

bobypop · **on:** Jun 24, 2018

To make an offer, the offeror must appear to intend to create a binding obligation.
Indicate whether the statement is true or false

Question 2

Louise owned a house next to Robert's house. Robert made a contract with Midcity Painters to paint his house. The painters arrived to paint Robert's house, but mistakenly painted Louise's house. She saw the painters at work and made no comment. Later, Midcity Painters sent Louise a bill for painting her house. She claimed that she was not liable because she had not made any contract with them. Is this a valid defense?

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

Answer to Question 1

TRUE

Answer to Question 2

No. Although Louise did not enter into an actual contract for the painting of her house, this does not necessarily mean that she is not required to make any payment. She received a benefit, the painting of her house, with the knowledge that she was not legally entitled to it because she had no contract. Louise has therefore been unjustly enriched, and she is under a duty to pay the painters for the reasonable value of their services. As Louise had no contractual duty to pay for the painting, her duty to pay is quasi-contractual.