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CONTRACT LAW

EEunice4y ago
Simon lives in Devon and one day he sees an Aston Martin parked on the beach. No one is in sight but the tide is coming in rapidly. Simon calls his neighbour and arranges for him to come and tow the Aston Martin up the beach to safety. The neighbour is happy to oblige but wants payment for what he has done. When the owner, Mike, returns, he refuses to pay because he says the action was not necessary. Which of the following best describes the legal position? A An agency of necessity has arisen because Simon is unable to contact Mike. B An agency of necessity has arisen because there is an emergency situation and a pressing need for action. C No agency of necessity has arisen because the Aston Martin is not a perishable good and Simon's action was not reasonable. D No agency of necessity has arisen because there is no existing pre-contractual relationship between Simon and Mike ANS D Good day sir,I don't understand why this is not an agency of necessity since the car would have been washes away if simon didn't call the neighbour to help drive it.I'll appreciate if you can explain better.
MikeLittleMikeLittleTutor4y ago#1
So what has the loss of the car got to do with Simon? If the car is damaged, washed away, sunk in the sand or just washed in sea water, what has any of that got to do with Simon? Nothing Clearly it's not a matter of life and death and there is no pre-incident relationship between Simon and Mike It looks like Simon is going to have to compensate his friend from Simon's own resources OK?
EEunice4y ago#2
Ok.Thank you
MikeLittleMikeLittleTutor4y ago#3
You're welcome
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