Question
I would really like to get a second set of eyes on this and a critique before I turn this in. TO: Lillian Liberty, Esq.
I would really like to get a second set of eyes on this and a critique before I turn this in.
TO:Lillian Liberty, Esq.
FROM:Everett A. Dees
RE:Client Termination
DATE:20200201
Introduction: The client (Aaron) performed snow removal service for homeowners within neighborhoods for two years. The client has spoken with some homeowners before removing snow; while others that he could not contact, he removed the snow. He has billed the homeowners that he could not get in contact with at the time of service. The homeowners that the client was not able to contact are not happy and refusing to pay. The client would like to receive advice on the possibility of going forth with a lawsuit against the homeowners that did not pay.
Does Aaron have a contract with homeowners for whom snow removal is done when the homeowners are not aware the shoveling is being done?Why or why not?
Introduction: The client (Aaron) performed snow removal service for homeowners within neighborhoods for two years. The client has spoken with some homeowners before removing snow; while others that he could not contact, he removed the snow. He has billed the homeowners that he could not get in contact with at the time of service. The homeowners that the client was not able to contact are not happy and refusing to pay. The client would like to receive advice on the possibility of going forth with a lawsuit against the homeowners that did not pay.
1. In this circumstance, there is no contract between the client and the homeowners. The client has no contract because, in this situation, there was no communication, offer, bargaining, or mutual assent reached and as such the mutuality of obligation was never formed. The principles needed to establish a contract were never met.
Is Aaron entitled to restitution for any of the work completed for homeowners?
- Explain and apply each element of a restitution cause of action to the facts of the case to support your conclusions
2. The homeowners in this case did receive benefit from the clients' snow shoveling. The client can ask for compensation however, there was no contract to draw upon for the basis of compensation. This means that it must be looked at as is there a situation in which compensation can be obtained without a contract when there is no mutuality of obligation? The only circumstance where the client could be successful in getting restitution is when there is a desperate need of benefit.
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