A gardening services where hired to plant M’s back yard. By mistake they went and planted his neighbor’s Back yard.

Business law

A gardening services where hired to plant M’s back yard. By mistake they went and planted his neighbor’s Back yard. The neighbor saw them starting their work and said nothing. When they asked the neighbor for their payment he refused and said he did not hire them. What type of contract is this? Is itlegally binding? Explain

Solutions

Expert Solution

It is non gratuitous act that come under quasi contract ( section 70) of Contract act

In this it is an obligation of person enjoying the benefits of a non gratuitous act (Section 70) to pay the compensation.

In this if a person deliver their services lawfully to someone not intended or by mistake and if the other person enjoy the benefits of their services , then the person is liable to pay compensation for the services received. Since in this case , The planting prove that

1. The services given was lawful like the gardening services was lawfully giving their services.

2. He didn't do so gratuitously like the gardening services was provided with some consideration.

3. The another person enjoy the benefits , like the neighbors saw them starting their work and did not said anything.

In this case , as all the above conditions are satisfied Therefore the neighbors are legally bound to pay the compensation to the gardening services provider.

Rahul Sunny answered 1 year ago

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