How can you reconcile the courts equitable power

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Assignment:

1. A homeowner hired a roofing company to put a new roof on his house. The roofing crew mistakenly switched two of the numbers in the address and put the new roof on the wrong house. Would the courts treat the scenario in which the replaced roof was old and obviously in need of repair differently from the scenario in which the replaced roof was obviously new?

2. Much of contract law is based on the theory of freedom of contract; that is, the parties are free to create their own contract terms as they, and not the court, choose. How can you reconcile the courts' equitable power to find a quasi-contract when no contract exists with the notion of freedom of contract?

Reference no: EM133294219

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