Question: DeRosier owned land on a hillside. Before a house could be built, the lot needed to be filled with dirt. DeRosier sawUtility Systems of America
DeRosier owned land on a hillside. Before a house could be built, the lot needed to be filled with dirt. DeRosier sawUtility Systems of America (USA) doing road construction nearby. He asked USA if it would be willing to dump excess fill dirt on his lot.
Since his lot was close to the construction, USA saved money by doing that instead of hauling the dirt further away. DeRosier obtained a permit from the city that would allow 1,500 cubic yards of fill to be dumped on his property, which was the amount needed for the lot to be made level. DeRosier gave the permit to USA.
1. Why could DeRosier's paying USA to haul the excess dirt away be considered an accord and satisfaction?
2. Why were there no consequential damages?
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