 Mr Smith awakens one morning to the sound of constructionin his backyard. When he looks out the window, he sees AjaxConstruction Co. apparently erecting a garage on his property. Hehad not spoken or contracted with Ajax for this service. However,Mr Smith really wanted a new garage, so he let them continue. Laterit was discovered that the garage was intended to go next door.Ajax sues Mr Smith for the value of the garage. What is theprobable result?Â
A. Smith wins; there was no contract upon which Ajax could recover,and people are not liable for benefits that are thrust uponthem.
B. Smith wins; unjust enrichment does not apply here because MrSmith had no duty to tell Ajax that it had the wrong house.
C. Ajax wins; this is a case of a contract implied in-fact, and MrSmith implicity agreed to pay for the garage.
D. Ajax wins; although there is no real contract, this is a case ofunjust enrichment, and because Mr Smith accepted the garage, hemust pay for it.
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