Question

Joe pays Ann to mow his lawn, but Ann mows Donna's lawn by mistake. Donna peeps out her window and sees Ann mowing, yet says nothing to Ann about her mistake as Donna needs to have her lawn mowed. When Ann approaches Donna for payment, Donna refuses, arguing that she had never asked Ann to mow her lawn. Under these circumstances, Ann can recover payment from Donna under: void contract. quasi contract. executory contract. express contract.

Answer 1

Answer:

Quasi contract

Explanation:

A Quasi contract refers to an agreement between two parties who owed no past obligation to one another. It is a kind of a fictional contract which the law recognizes.

The characteristic feature of a quasi contract is that obligation is not created by any of the parties but by law. Such a contract does not exist out of agreement but by the operation of the law.

The objective behind imposition of such a contract by the law is to ensure fairness and justness to a party.

In the given case, Ann out of mistake, mowed Donna's lawn. Ann acted in good faith as she wasn't aware at the time of performing her duty but Donna was fully aware and let the act of mowing done to her own advantage. Later when Ann realized and asked for payment, Donna refused.

In this case, the party who acted in good faith would be at a loss if the law does not intervene and impose a contractual obligation on Donna to pay Ann for her work. The contract imposed by law in such a case under which Ann would recover her payment would be termed as a Quasi Contract.