Posted: September 20th, 2022
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Matt agreed to pay AP Plumbing $100 to clear a blocked sewer line in Matt’s house. While clearing the sewer line, AP Plumbing’s line snake tool got stuck in the pipes leading from Matt’s house to the main sewer. To get it out, AP Plumbing had to dig a large hole in Matt’s yard to access the underground sewer line.
When AP Plumbing dug the hole, they uncovered the water pipes for Matt’s house which ran underground next to the sewer line. The water pipes had multiple leaks, some severe. To be up to code, the lines would need to be replaced at some time, either immediately or at a later date when they would have to be dug up again at greater expense.
AP Plumbing replaced the water pipes without asking Matt. The whole time AP Plumbing worked in the yard, Matt stood at the edge of the hole and watched. He never objected to the replacement of the pipes.
AP Plumbing gave Matt a bill for $200 ($100 for clearing the line, and $100 for replacing the water lines). Matt refused to pay any part of the bill, so AP Plumbing sued Matt.
1, What arguments would support Matt’s refusal to pay the bill?
2, What arguments would support AP Plumbing’s claim?
3, Who should win and why?
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