A new client, Aaron, consulted Lillian Liberty about the merits of a possible lawsuit.  To help her prepare for another meeting with Aaron, Liberty asked you to review the facts in the case and prepare a brief report to use as the basis for advising Aaron.

 

 For two years, every winter, after a snowstorm, Aaron walks around neighborhoods looking for walks and driveways that need to be shoveled.  When Aaron finds a house that needs snow shoveling, he contacts the homeowners about contracting to do the shoveling. 

If a homeowner is not available or does not respond, it has been Aaron's practice to shovel the home's walk and driveway.   Aaron then bills the homeowner for the snow shoveling. 

Some homeowners have complained to Aaron, and recently have refused to pay for the snow removal.  Aaron believes he is entitled to restitution for any, and all, snow shoveling he has completed.

 

Instructions:  Make a summary report that addresses the following. 

1.  Does Aaron have a contract with homeowners for whom snow removal is done when the homeowners are not aware the shoveling is being done?  Why or why not?

2.  Is Aaron entitled to restitution for any of the work completed for homeowners?

• Explain and apply each element of a restitution cause of action to the facts of the case to support your conclusions.

References:

https://leocontent.umgc.edu/content/dam/course-content/tus/lgst/lgst-340/document/STNDRD%20Narrative%20W4%20LGST%20340%20%281%29.pdf

https://www.cali.org/lesson/18795?CON67P).

https://www.cali.org/lesson/18791?CON71P)

https://www.cali.org/lesson/18811?CON72P)

https://www.cali.org/lesson/18830

https://www.cali.org/lesson/417?CON21)

https://www.cali.org/lesson/418?CON22)

Answer rating: 100% (QA)

Summary Report Aarons Snow Removal Situation 1 Contractual Relationship Aarons situation raises questions about the existence of a contract between hi... View the full answer