One afternoon, two men started landscaping work at Fred's house while he was at home watching TV. Fred did not ask the men to do the work and testified he did not discover what they were doing until his dog started barking as they began to mow his lawn. Fred was pleased that they were doing the landscaping work and went back to watch TV. The next day, the men gave Fred a bill for their services. Fred and the men then determined that the men had mistakenly performed landscaping services at the wrong address. Is Fred obligated to pay the men for their services?

A.Yes, because there was an implied contract once he became aware they were performing the services

B.No, because Fred did not acknowledge the services being performed so no unjust enrichment would result

C.No, because an implied contract is unenforceable for services rendered

D.Yes, because otherwise the landscapers would have wasted a full day of work

Lily and Elaine signed a contract in which Lily agreed to sell real estate she owned to Elaine. In exchange, Elaine agreed to pay $500,000.00 to Lily. While making certain disclosures required by law, Lily made several intentional misrepresentations. However, Elaine did not discover the truth of these misrepresentations until several months after the real estate had been transferred to her and she had made the $500,000.00 payment to Lily. One of Lily's misrepresentations was there was no mold growing in the house. Elaine was exposed to serious mold contamination and spent a few days in the hospital while under observation (her medical bills were $15,000.00). Elaine spent $50,000.00 to permanently remove poisonous mold from the house. Elaine sued Lily for fraud.

Assume for the purposes of this question only that, instead of suing for contract damages, Elaine sued Lily for rescission and restitution. Which of the following would be Elaine's best argument in favor of rescission and restitution?

A.There was no consideration since Lily was dishonest in her dealings with Elaine.

B.Elaine was fraudulently induced into entering into the contract due to Lily's intentional failure to disclose material facts.

C.Elaine suffered emotional distress due to her exposure to the poisonous mold and should be compensated for her pain and suffering.

D.Elaine was fraudulently induced into entering into the contract due to Lily's intentional misrepresentation of material facts.