John, a homeowner, answers the telephone and listens to a solicitor make a five-minute sales pitch for Weed Gardening Services. John responds, “No, thank you,” and hangs up. Two days later, John returns home from work to find a crew gardening in his yard and a bill for $200 sitting on the porch. When John tells the Weed representative that he never asked for this service, Weed responds by saying, “It looks much better, doesn’t it? You got the service, now pay for it.” John agrees that the work was of good quality, but refuses to pay for it. He is later served with a summons to appear in magistrate court because of this dispute.
How should the judge rule?
- A. For Weed Gardening Services, because Weed performed good quality services for John.
- Sorry, but that's not the correct answer. Please select another.
- B. For John, because he did not accept Weed's offer.
- Yes, the correct answer is B. John never accepted Weed's offer. Without acceptance, no contract was formed. John does not have to pay for the yardwork, regardless of quality.