Hawley owned a Buick and occasionally had work done on it at

Hawley owned a Buick, and occasionally had work done on it at the Hoff Garage. One day he drove up with a flat tire, parked his car beside the garage, and called to Hoff that he had a flat tire and would be back in an hour. Hoff fixed the tire. Hawley refused to pay, saying that he had intended doing the job himself. (a) Was there a contract? Explain. (b) Suppose Hoff also adjusted the carburetor and straightened a fender. Could he recover for this? Explain

Solution

a- The language of the text tells that whenever Hawley parked the flat tire car in the garage an implicit contract formed between them that Hoff will repair the tire and Hawley has to pay the price charged. Hawley cannot complain that he had intended doing the job himself.

b- Hoff can recovered only if Hawley ordered him to check carburetor and agreed on the price charged by the garage. If Hoff did this with out taking consent of then the contract is not formed so, he cannot recover this.