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MMLU / According to usual practice, a long-time regular customer left her car at an…

Problem

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question

According to usual practice, a long-time regular customer left her car at an auto mechanic's shop with written instructions to "check and tune up the engine; make sure the brakes are good and working; examine the tires; also, check and repair all major systems because I am driving cross country next week." She did not see the mechanic or discuss with him the price or other details. When she picked up the car, there was a bill for $5,000 on the dash board. All of the services and parts were workmanlike, not defective and pertained to the areas in the instructions. She refused to pay, claiming that there was no agreement and that the mechanic should have called for advance approval. Can she be held responsible for contractual services performed?

choices

  1. No, because there is always an implication that the provider must get permission before doing work not approved.
  2. Yes, because the circumstances and past practice established an implied-in-law contract based on mutual assent.
  3. No, because a contract cannot be based on implications and guess work.
  4. Yes, because the circumstances, including prior practice, showed intent to contract and a meeting of the minds.

subject

professional_law

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Source and history

task_id
13b00229-0cd3-59c7-9737-722cbaca51c2
task_key
all--test--13b00229-0cd3-59c7-9737-722cbaca51c2
task_revision_id
1
config / split
all / test

Official source

initial import