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Taylor Concrete Repair Co . contracted with Smith to replace portions of Smith's sidewalk which were cracked. Smith Iived at 4 0 2 Oliver Street
Taylor Concrete Repair Co contracted with Smith to replace portions of Smith's sidewalk which were cracked. Smith Iived at Oliver Street and Taylor's price quotation was based on an inspection of Smith's sidewalk by one of Taylor's supervisors. On May Taylor sent out one of its crews to do the work at Smith's house. Unfortunately. the crew supervisor who was not the one that had earlier inspected Smith's sidewalk thought the address on the work order was Oliver Street. The Taylor crew drove up and down Oliver Street looking for Oliver. Mary Jacobs lives at Oliver Street but she was not home that day she was at work. The crew unloaded all of their tools and equipment and began to work on Jacobs' sidewalk which was also in need of repair. Jacobs Came home from work and was surprised to see her sidewalk repaired. A few days later the mistake was discovered by Taylor and it sent a bill to Jacobs for the fair value of the sidewalk repair work that was done. Jacobs refused to pay the bill. Which of the following statements is correct?
A Taylor will likely prevail because an impliedinfact contract existed between Taylor and Jacobs.
B Taylor will likely not prevail because, under the circumstances, Jacobs was not unjustly enriched by Taylor even though the sidewalk repair services are of value to her.
C Taylor will likely not prevail because its negligence in failing to confirm the address was the cause of the mistake.
D Taylor will likely prevail because it enriched Jacobs by providing her sidewalk repair services which she needed and which have value.
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