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What is your opinion about this QUESTION:Dozier and his wife, daughter, and grandson lived in the...

What is your opinion about this

QUESTION:Dozier and his wife, daughter, and grandson lived in the house Dozier owned. At the request of the daughter and grandson, Paschall made some improvements to the house. Dozier did not authorize the improvements, but he knew that the improvements were being made and did not object to them. Paschall sued Dozier for the reasonable value of the improvements. Dozier argued that he had not made any contract for such improvements. Was he obligated to pay for such improvements?

ANSWER:This would be a classical quasi-contractual or restitution remedy case. Dozier is correct he never signed or agreed to a contract with Paschall moreover, the improvements are made with knowledge. Paschall has grounds to seek reformation siting that his daughter hired him to perform the work on the residence and Dozier knew but never tried to intervene. A court could impose a reasonable value of that benefit to avoid either party receiving unjust enrichment.

Homework Answers

Answer #1

The answer is good, but just a couple of corrections.

This would be a classical quasi-contractual or restitution remedy case. Dozier is right that he never signed or agreed to a contract with Paschall. The improvements, however, are made with his knowledge. Paschall has grounds to seek reformation citing that his (Dozier's) daughter hired him (Paschall) to perform the work on the residence owned by Dozier and Dozier knew but never tried to intervene. A court could impose a reasonable value of that benefit to avoid either party receiving unjust enrichment (Dozier being the one receiving unjust enrichment here, if he avoids paying Paschall)..

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