Question
Bob and Theresa own homes next to each other. Bob has been saving money for six months to plant a hedge fence between the houses.Not
Bob and Theresa own homes next to each other. Bob has been saving money for six months to plant a hedge fence between the houses.Not only will this benefit his privacy, but it will increase the value of his house. One day Theresa approaches Bob while he is mowing the lawn and asks him if he would have any objections to her planting a hedge between their property, specifically stating that she would not if Bob objected. Bob replied that he certainly did not object.
After the hedge is in place, Theresa learns of Bob's saving money to do the exact same thing and also of his property's increased value.Theresa sues under unjust enrichment for the benefit of Bob's increased property value for restitution. Will Theresa likely succeed?
A) Yes. Bob knew of the benefit and did not object. Therefore, he will be estopped from claiming Theresa as a volunteer.
B) Yes. Bob's benefit was tangible in that he was able to keep the money that he had been saving to build the hedge.
C) No. Theresa cannot recover restitution for benefits incidentally given while pursuing matters of personal benefit.
D) No. Theresa did not ask to be paid for the benefits of her work
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started