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37. In a lawsuit between the landscaper and the homeowner, what is the likely result?
The homeowner refused to pay the landscaper anything. The homeowner could have hired a comparable landscaper to complete the work for $300 per month.
A landscaper agreed to maintain the yard of a homeowner for six months for a fee of $300 per month, payable at the end of the six-month period. This amount was the fair market value of the work to be performed. The landscaper performed the work for four months but was then offered another job for $500 per month and, after notifying the homeowner, stopped doing the promised work and took the other job.
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A is incorrect. The homeowner did not hire another landscaper to complete the last two months of work, and so is not entitled to recover for those two months.
B is incorrect. The landscaper was not unjustly enriched, but he is entitled to the value of the services he rendered.
D is incorrect. The landscaper suffered losses by not being paid for the work that was done according to the terms of the contract up to the point of breach.