oconnor test 1

Oconnor test 1 - 1a Although they never signed a contract or approved for any work to be done to the house he observed the initiation of the work

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1a- Although they never signed a contract or approved for any work to be done to the house he observed the initiation of the work and didn’t stop the workers. The law deems it inequitable that the Martins received any benefit from this work, having observed the benefit being conferred, and knowing that the repair crew expected payment for their services. The Martins would be unjustly enriched if he were allowed to retain the benefit (new siding on the house) without payment for reasonable value of the work. He has to pay a reasonable amount because he saw that the work was being done to the house but in now way stopped the crew from putting up the aluminum siding. He instead snuck out the back. The problem with this case is how the repair crew would argue that the Martins knew about any repair work when they snuck out the back and no one saw them leave. 1b- The case would be different because is they didn’t have knowledge that the work was being done quasi-contractual liability would not be imposed. They were on vacation and had no knowledge of any work being done and couldn’t stop them from doing any work to the house so they aren’t responsible for any payment to the repair company. 2- This would be the same situation as question one. She saw that work was being done and didn’t stop it. It would be inequitable that Louise receives any benefit, having observed that a benefit was conferred. She knew that the painters weren’t painting for free and didn’t stop them. Louise would be unjustly enriched is she was allowed to retain the benefit (new paint job) without a reasonable payment. It isn’t a valid defense because she had knowledge of what was going on and didn’t stop it. No liability would be
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This note was uploaded on 04/21/2008 for the course BUS 140 taught by Professor Oconnor during the Spring '08 term at Iona.

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Oconnor test 1 - 1a Although they never signed a contract or approved for any work to be done to the house he observed the initiation of the work

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