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Business Law Recovery

Sue went away for Spring break and when she returned home, someone had built an in-ground pool in her backyard. Sue had never spoken to anyone about a pool. Later, it is discovered that the pool was to go in the neighbor's yard. Sue gets a bill from the pool company for the value of the pool. She refuses to pay. The pool company sues. Discuss the grounds on which the pool company might recover. Would it make any difference if Sue had been home during Spring break, noticed the error, and failed to inform the pool company?

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If Sue was not home, the pool company cannot recover since a contract was never formed between the two parties. There was a benefit given to Sue but there was never any ...