Question

1. Alison receives a notice of property taxes due from the local tax collector. The notice is for tax on Jerry’s property, but Alison believes that the tax is on her property and pays it. Can Alison recover from Jerry the amount that she paid? Why or why not?

Answer 1

Facts of the case :

Alison mistakenly pays property tax due for the Jerry's property as the notice was given to Alison instead of Jerry.

In this case, Alison is protected by the unjust enrichment at the expense which was paid for another person under the Quasi contract. As per the Quasi contract :

a. As per the quasi contract when the parties who do not have previous obligation are been protected when one person acquires something at expense of another person.

b. In this case, Alison and Jerry did not had any previous contract to pay the property due of Jerry, as it was paid mistakenly by Alison as she believed notice was given for payment of her property tax.

c. Hence, Jerry is obliged to give back money to Alison which she had paid as an Jerry's property tax.