can some one help me with this exam .i will attach all the notes that you need to answer the questions.

Issue Can Ajax recover from Mr. Smith for the cost of the garage?

Rule: Ajax can recover if there is a contract or if one of the elements of an enforceable contract is missing, if there is an alternate theory such as implied in law (quasi contract) or implied in fact contract.

Analysis: To be an enforceable contract there must be the elements of mutual assent, consideration, capacity and legality. Here we are clearly missing the mutual assent. However, there might be a chance of recovery under implied in fact theory. Implied in Fact is an equitable remedy used when there is no enforceable contract to prevent unjust enrichment or unjust detriment. To qualify under the implied in fact theory, there are three elements:

Plaintiff provided services for which he expected to be paid. He was not providing them as a gift.
Defendant had an opportunity to reject the services
It would be unjust for the Defendant to be able to keep the services or goods without having to pay for it.

In this case, it appears that all three elements are met.

Conclusion: They may argue over a fair price and financing terms, but it appears that Mr. Smith will have to pay something for the garage.