FATIMAS car started making a strange noise so she quickly pulled into an auto repair shop and asked a mechanic if he would see what was wrong with her car. The mechanic raised the hood and said that a pulley had come loose causing slack in the fan belt. He went and got some tools and tightened the pulley and then told

Fatima, That will be $20. Fatima said, You did not tell me that you were charging me and I never agreed to pay you, so I dont owe you anything.

A. Is the mechanic entitled to be paid and, if so, was it due to the existence of a contract and, if so, what type of contract?

B. What if Fatima had asked the mechanic to fix her car without discussing the price of the repair and he had tightened the loose pulley but had then said, That will be $250. Would Fatima be obligated to pay the $250?

EXPLAIN YOUR ANSWER

Chapter 11 NATURE AND CLASSES OF CONTRACTS Not all agreements are contracts. What distinguishes contracts from agreements in general is that if there is a loss from a breach of the agreement a court, upon proper proof, will award damages or other relief to the aggrieved party. PETIDA POL NOUMPUMENTO In order for an agreement to constitute a contract the following elements (or a substitute) must be present: (1)An agreement, (2) Competent parties, (3)Genuine assent or the appearance of genuine assent, (4)Consideration, (S)A legal purpose, and (6)Written evidence of the agreement IF IT IS REQUIRED BY LAW. The relationship between parties to a contract is known as being in PRIVITY OF CONTRACT which is usually a requirement in order to give a party standing to sue in the event of breach of the contract. POSIBILIDAD DE DO AL EN CASO DE NUMARUND bi CONTATO WOULD BE LETA Centuries ago in England parties commonly embossed their family seal in wax adjacent to their signatures on contracts. These contracts under seal, along with contracts of record (those admitted to in court) and commercial paper are known as formal contracts. All others are referred to as informal contracts or simple contracts even though they can be highly complex. If the essential terms of a contract are set forth, either in writing or orally, it is known as an exPUESS CONTACT express contract. Many contracts arise from the actions of the parties rather than words and LUTENS are known as implied contracts. The key to determining whether an implied contract has arisen from the actions of the parties involved is whether the party receiving benefits would OLALLY normally expect to pay for them in some manner. Price is not usually addressed in the sun formation of implied contracts and it, too, is implied to be fair market value. Implied contracts CONTAC can be avoided by negotiating an express contract, but additional work beyond the express . ACTIONS contract can lead to an implied contract for the added work, or by showing that the recipient has reason to believe that the benefits that he got were a gift. SESTADOS Contracts that contain all of the necessary elements to be enforceable are known valid contracts. Agreements that one or more parties to can choose to get out of are known as voidable contracts. Agreements that the parties do not have a legal right to enter into are known as vold contracts. Once a contract has been fully performed, it is known as an executed contract but those with something left to be done before they are fully performed are known as executory contracts. Bilateral contracts involve an exchange of a promise for a promise. A promise to give something in exchange for performance is an offer for a unilateral contract and is not considered accepted until the performance is actually rendered. VAUL CONTRA OS BILATERAL CONTACT $ sdo OL + TD SA UNICATURAL CONTACT CONTACT TS DE LIALABLE AND FELCEASLE 5 VOIDABLE VOIL Excore ! ExE OUTDRY A binding agreement that gives a party the right to accept an offer at a future date and thereby create a second contract is known as an option contract. In order for a party to maintain a legal action for recovery that party must have a legal theory, such as breach of a contract, that justifies recovery. Sometimes parties act under a mistaken belief that a contract exists between them and another party but, in fact, no contract exists. If goods or services are provided due to that mistaken belief, it can cause the recipient to have benefited without having a contractual obligation, either express or implied, that would enable recovery. In an effort to avoid this, early courts created the concept of quasi contract which is not an actual contract but merely a legal theory to permit recovery in the absence of a contract when benefits have been bestowed upon a recipient under circumstances that allowing them to retain the benefits without paying for them would result in unjust enrichment. In suits based on quasi contract, which are often referred to as suits for quantum meruit, even if the plaintiff can show that unjust enrichment would result if relief were denied, the plaintiff is allowed to recover the value of the benefits received viewed ONLY FROM THE PERSPECTIVE OF THE RECIPIENT. DENAN DANTE