Question

Hawley owned a Buick, and occasionally had work done on it at the Hoff Garage. One day he drove up with a flat tire, parked his car beside the garage, and called to Hoff that he had a flat tire and would be back in an hour. Hoff fixed the tire. Hawley refused to pay, saying that he had intended doing the job himself. (a) Was there a contract? Explain. (b) Suppose Hoff also adjusted the carburetor and straightened a fender. Could he recover for this? Explain

Answer 1

Answer:

A. Yes. Implicit contract

B. No he cannot

Explanation:

A. From what happened there seemed to be an implied contract between these two people. Although this contract was not done formally, given past situations, an implied contract was formed over time. Hoff felt hawley had dropped the car off for repair given that he usually did this. Hawley cannot make a case that he was going to fix it himself.

B. Hoff cannot recover for the carburetor or fender because the question did not say hawley asked him to do so. If he did it without consent then there is no recovery.