🤔
Contracts • Defenses to Enforcement and Formation
K#051
Legal Definition
A person without capacity is legally obligated to pay for necessities such as food, clothing, medical care, or shelter based in quasi-contract.
Plain English Explanation
The law wants to promote people being nice and helpful to each other, especially in times of emergency or need. However, the law wants to be fair to those providing such support so that they can try to cover their costs. When you have a fact pattern involving someone providing necessities (food, shelter, medical care, etc.) to someone else who lacks capacity to contract (because they are a minor, or drunk, or intellectually disabled), then you should argue whether the recipient of those necessities has an obligation to pay for them under a court-created contract known as a "quasi-contract".
Hypothetical
Hypo 1: Timmy is 17 years old. Timmy runs away from home and, while hitchhiking, passes out due to exposure from the hot sun and falls into a patch of cacti. Sam drives by and sees Timmy passed out. Sam scoops him up into his car and drives him to the nearest doctor's office. The doctor spends hours picking out the cacti needles from Timmy's body, bandages him up, and rehydrates him through IV. The total expense for these services is several hundred dollars. Result: Timmy is liable for these costs under quasi-contract.
Hypo 2: Bob decides to go camping by himself. Unfortunately, Bob is a fool. He doesn't pack enough food because he wants to have more space for vodka. After 3 days of camping, Bob runs out of food and gets lost in the woods. He wanders for 3 days, living off his vodka supply. One night, he stumbles across a motel. The clerk feels pity for Bob who is clearly starving, drunk, and smelling of nature. The clerk finds Bob an open room and leaves some dinner. The next morning, Bob wakes up hungover yet happy to be warm, alive, and eating. As he walks out, he thanks the clerk for his generosity. The clerk asks Bob to pay for the room. Bob says, "Woah, I never agreed to pay you -- you gave me that room as a gift." Result: Bob will arguably have to pay for the room and food even though he lacked capacity to agree to pay for them when they were provided.
Hypo 2: Bob decides to go camping by himself. Unfortunately, Bob is a fool. He doesn't pack enough food because he wants to have more space for vodka. After 3 days of camping, Bob runs out of food and gets lost in the woods. He wanders for 3 days, living off his vodka supply. One night, he stumbles across a motel. The clerk feels pity for Bob who is clearly starving, drunk, and smelling of nature. The clerk finds Bob an open room and leaves some dinner. The next morning, Bob wakes up hungover yet happy to be warm, alive, and eating. As he walks out, he thanks the clerk for his generosity. The clerk asks Bob to pay for the room. Bob says, "Woah, I never agreed to pay you -- you gave me that room as a gift." Result: Bob will arguably have to pay for the room and food even though he lacked capacity to agree to pay for them when they were provided.
Visual Aids
Related Concepts
What are the 12 defenses to enforcement and formation?
What are the 4 methods of satisfying the Statute of Frauds?
What are the requirements for a judicial admission to satisfy the Statute of Frauds?
What are the requirements for performance to satisfy the Statute of Frauds in a sale of ordinary goods?
What are the requirements for performance to satisfy the Statute of Frauds in a sale of specially manufactured goods?
What are the requirements for performance to satisfy the Statute of Frauds in a service contract?
What are the requirements for performance to satisfy the Statute of Frauds in a transfer of real estate?
What constitutes a service contract not capable of performance within a year?
What constitutes a valid transfer of interest in real estate?
What constitutes lack of capacity?
What is a merchant's confirmatory memo?
What is a suretyship contract?
What is the effect of ambiguous words in an agreement?
What is the effect of a mutual mistake of fact on the formation of a contract?
What is the effect of a unilateral mistake of fact on the formation of a contract?
What is the effect of duress on the formation of a contract?
What is the effect of misrepresentation on the formation of a contract?
What is the effect of non-disclosure on the formation of a contract?
"What is the effect of provisions in contracts requiring written modifications?"
What is the effect on an agreement if its purpose is illegal?
What is the effect on an agreement if its subject matter or consideration being illegal?
What is the result of a covenant not to compete that lacks reasonable need or time and place limits?
What is the result of an exculpatory agreement that exempts intentional or reckless conduct from liability?
What is the Statute of Frauds?
What is unconscionability and its effect on the formation of a contract?
What is undue influence and its effect on the formation of a contract?
What rights does a contracting minor have upon reaching the age of majority?
What types of contracts fall within the Statute of Frauds?
