General Employment filed a counterclaim of breach of contract The Ohio trial

General employment filed a counterclaim of breach of

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- General Employment filed a counterclaim of breach of contract - The Ohio trial court dismissed Precisions complaint and awarded General Employment $17,625 for the counterclaim. Precision appealed Opinion (Tyack, Justice, Ohio Court of Appeals):
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- To prove existence of a contract there must be mutual assent (offer and acceptance) and consideration and the essential terms must be definite - There was a unilateral contract formed between the two because Precision aware of the fee and was under no obligation to hire Ms. Tan and, in doing so, accepted General Employment’s offer to find and employee for one third of the employee’s first year salary Express, Implied, and Quasi-Contracts - The essence of a contract is an agreement, or understanding - If intentions of the parties are stated fully and in explicit terms, either orally or written, it constitutes an express contract - Express contracts are usually lengthy and written like a lease, but not always - If I offer you my car for $500 and you say “I accept” an express contract exists - An implied contract exists when the promises/intentions of the parties must be inferred from conduct and circumstances - If I ask you to mow my lawn for 2 weeks and you do it, it is implied that I will pay you fair value for your services. This is an implied contract even though I expressly stated exactly what I wanted done. - A quasi-contract is when a court imposes a duty upon a person regardless of whether he or she intended to enter the contract. - If emergency medical aid is given to an unconscious person, there is a quasi- contract that that person will pay for those services even though they never agreed to the exchange - If I plant fruit trees on your land w/out your knowledge, you can be compensated for all the unjust enrichment I have received from that wrongful act, in this case profits from use of land. - If someone receives a benefit from negligence or misconduct by another, the principle cannot be invoked - I hire a company to trim my hedge. The company accidentally trims your hedge instead. You don’t owe them anything. - If you give a benefit to a recipient bc you thought you were under contract to do so, the recipient is under quasi-contractual obligation to pay the value of that benefit. - Plaintiff cannot get quasi-contractual recovery from one person if they originally looked to get recovery from another person. - I buy a home from you then hire someone to plant plants. I then die before paying for plants and the sale of house is voided. Planter cannot look to original owner for compensation bc I was the one who was supposed to compensate even though owner’s house was enriched. CARROLL v. LEE (1986) Facts: - Judy Carroll lived with Paul Lee for 14 years. They were settled in Ajo, AZ where Paul owned a repair shop.
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