Question

33. Later in the day that the timber arrives, rains is threatening, and Axel knows that the timber needs to remain dry. He jumps in his car and buys an expensive tarpaulin on the Beacon Fun Stuff Pty Ltd.’s account at Hardware House and covers the timber. 18 When they get their monthly invoice from Hardware House, Algol queries the tarpaulin charge and asks Axel who explains what happened. Algol says that Beacon Fun Stuff Pty Ltd will not pay it because, if Axel had only called the office, they would have sent out someone with a tarpaulin straight away. Required: Axel does not want the tarpaulin or to pay for it. Advise him.

Answer 1

A quasi contract is also known as implied contract. This case relate to quasi contract in which there is retro active arrangement between two parties who have no previous obligation to each other , the aim of the contract is to prevent one party from unfairly benefit from the situation to other party expense .

The purpose of the quasi contract is to render a fair outcome and one party have an advantage over another , in this case one person save the timber from the falling of rain and putting tarpaulin at the right time so that timber may in dry position , the purpose of this person is only to protect the timber and save the employer from suffering heavy loses , so it is the duty of the employer to pay the amount of tarpaulin ,if it is not implemented at right time then it suffer a heavy loss .

Employer paid on the following ground to the plaintiff

- Plaintiff must have furnished a tangible item or service to another party or to the object relate to defender

- Defender ,also accepts the item but no effort is taken for payment

- Plaintiff must show their point for validity and does not want the defender to become enrich

So, it is clear from above analysis that the worker must be paid by the employee if the worker doing the work in good faith and also protect the employer property and employer does not take any effort to repay the amount which the worker spend on the protection of the goods.

So, here worker have full authority to file a case for recovery of the amount on the ground that anybody can't be enrich at the cost of another.