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jones construction company is building a series of new subdivisions in newtown over the next two years. jones enters into a verbal agreement with harley concrete inc. to construct all the driveways and sidewalks in the subdivisions that jones will be building. jones and harley agree on a price of $130 per cubic yard and that jones will pay harley at the end of each project. harley completes the first project, which is four sidewalks and sixteen driveways, and bills jones for the project. jones decides that the price is too high and refuses to pay, claiming that they have no obligation to pay because the parties did not have a valid contract. if harley sues jones for payment the court would probably:

Sagot :

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If Harley sues Jones for payment the court would probably: "apply quasi-contract theory and award the fair market value of the work that Harley completed" (Option B)

What is a Quasi Contract Theory?

A quasi-contract is a statutory legal duty established to prevent undue enrichment. This is also known as an implicit contract or a constructive contract.

In a different way, a quasi-contract is a contract formed after the fact between two parties who were not otherwise legally bound to each other. A judge may order this type of contract in order to rectify a situation in which one party profited at the expense of the other.

The term "quasi-contract" first appeared in the case of Moses v MacFarlane (an English case). In this instance, Lord Mansfield noted that such a responsibility was founded on the law as well as fairness to prevent one person from gaining an unfair benefit at the expense of another.

Learn more about Quasi Contract Theory:
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Full Question:

Jones Construction Company is building a series of new subdivisions in Newtown over the next two years. Jones enters into a verbal agreement with Harley Concrete Inc. to construct all the driveways and sidewalks in the subdivisions that Jones will be building. Jones and Harley agree on a price of $130 per cubic yard and that Jones will pay Harley at the end of each project. Harley completes the first project, which is four sidewalks and sixteen driveways, and bills Jones for the project. Jones decides that the price is too high and refuses to pay, claiming that they have no obligation to pay because the parties did not have a valid contract. If Harley sues Jones for payment the court would probably:

A. hold that Harley is entitled to nothing because the contract violates the Statute of Frauds.

B. apply quasi-contract theory and award the fair market value of the work that Harley completed.

C. hold that Harley is entitled to nothing because parties are free to terminate contracts if they so choose.

D. apply quasi contract theory and award $130 per cubic feet, the contract price, to Harley.

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