SlideShare a Scribd company logo
Carter Morley andErenaErickson live side by side in town homes joined together by a shared
wall. Both residences are in need of new exterior paint. On Monday, Morley calls a painter, Tom
Sizemore, having selected his name from the classified section of the phone directory. Morley
describes his address, the physical dimensions and structure of his home, and he agrees with
Sizemore that the work will be performed that Friday. Sizemore estimates that with his crew of
five, and given the relatively small size of the home, the work will only take one day to
complete. Morley advises that although he will have to work a fourteen-hour day on Friday, he
would like to have the work completed in his absence. In passing conversation with his neighbor
Erickson, Morley advises her of his “home improvement” plans.
Early Friday morning, Sizemore and his team arrive at the address, but by mistake, they begin
work on Erickson’s side of building. AlthoughErenais home, she does not object to the work, nor
does she inform Sizemore and his crew of the mistake. Midway through the day, she offers them
fresh-squeezed lemonade and ham sandwiches, and they heartily accept.
Upon completion of the work at 7:00 p.m. Friday evening, Sizemore knocks onErena’sdoor and
asks if “the man of the home” is present, that he would like Morley to review the work and pay
the agreed-upon price for the work.Erenachuckles, and “breaks the news” that the painting crew
has made a mistake, one to her benefit. Erickson proclaims “I do not owe you one dime, because
you do not have a contract with me; I will give you ten minutes to remove yourself and your
materials from my property, or I will call the police.”
Do Erickson and Sizemore have a contract? If so, why? If not, are there any other theories of
recovery available to Sizemore?
Solution
Fictional contract refers to the contract forced by the court as a legal process to prevent injustice.
It is forced in favor of persecuted party and against the party who get an undue advantage at the
expenses of the other.
Hence, Erickson and Sizemore has fictional contract.

More Related Content

More from arshin9

What kind of organisms likely perished due to the increase of oxygen .pdf
What kind of organisms likely perished due to the increase of oxygen .pdfWhat kind of organisms likely perished due to the increase of oxygen .pdf
What kind of organisms likely perished due to the increase of oxygen .pdf
arshin9
 
what is the HTTP protocol used for What are its major parts.pdf
what is the HTTP protocol used for What are its major parts.pdfwhat is the HTTP protocol used for What are its major parts.pdf
what is the HTTP protocol used for What are its major parts.pdf
arshin9
 
What is the between facial action unit and facial landmark differenc.pdf
What is the between facial action unit and facial landmark differenc.pdfWhat is the between facial action unit and facial landmark differenc.pdf
What is the between facial action unit and facial landmark differenc.pdf
arshin9
 
What are contemporary management challenges and opportunitiesSo.pdf
What are contemporary management challenges and opportunitiesSo.pdfWhat are contemporary management challenges and opportunitiesSo.pdf
What are contemporary management challenges and opportunitiesSo.pdf
arshin9
 
Valinomycin is a potassium ionophore. What would be its effect on in.pdf
Valinomycin is a potassium ionophore. What would be its effect on in.pdfValinomycin is a potassium ionophore. What would be its effect on in.pdf
Valinomycin is a potassium ionophore. What would be its effect on in.pdf
arshin9
 
The retrovirus genome is made of the nucleic acid before the virus be.pdf
The retrovirus genome is made of the nucleic acid before the virus be.pdfThe retrovirus genome is made of the nucleic acid before the virus be.pdf
The retrovirus genome is made of the nucleic acid before the virus be.pdf
arshin9
 
the probability that it is raining is .25. the orbability that it is.pdf
the probability that it is raining is .25. the orbability that it is.pdfthe probability that it is raining is .25. the orbability that it is.pdf
the probability that it is raining is .25. the orbability that it is.pdf
arshin9
 
2)In presentation software, you can use a(n) ____ to add movement to.pdf
2)In presentation software, you can use a(n) ____ to add movement to.pdf2)In presentation software, you can use a(n) ____ to add movement to.pdf
2)In presentation software, you can use a(n) ____ to add movement to.pdf
arshin9
 
Significance of Discoveries in Genetics and DNA Our understandin.pdf
Significance of Discoveries in Genetics and DNA Our understandin.pdfSignificance of Discoveries in Genetics and DNA Our understandin.pdf
Significance of Discoveries in Genetics and DNA Our understandin.pdf
arshin9
 
Scope is much less complicated if functions cannot contain other func.pdf
Scope is much less complicated if functions cannot contain other func.pdfScope is much less complicated if functions cannot contain other func.pdf
Scope is much less complicated if functions cannot contain other func.pdf
arshin9
 
Refer to the drawings in Figure 13.2 of a single pair of homologous c.pdf
Refer to the drawings in Figure 13.2 of a single pair of homologous c.pdfRefer to the drawings in Figure 13.2 of a single pair of homologous c.pdf
Refer to the drawings in Figure 13.2 of a single pair of homologous c.pdf
arshin9
 
Prions are viruses that cause proteins to misfold. Select one True.pdf
Prions are viruses that cause proteins to misfold.  Select one  True.pdfPrions are viruses that cause proteins to misfold.  Select one  True.pdf
Prions are viruses that cause proteins to misfold. Select one True.pdf
arshin9
 
2.(Sorted list array implementation)This sorted list ADT discussed .pdf
2.(Sorted list array implementation)This sorted list ADT discussed .pdf2.(Sorted list array implementation)This sorted list ADT discussed .pdf
2.(Sorted list array implementation)This sorted list ADT discussed .pdf
arshin9
 
Organ transplants recipients take medications to suppress their immu.pdf
Organ transplants recipients take medications to suppress their immu.pdfOrgan transplants recipients take medications to suppress their immu.pdf
Organ transplants recipients take medications to suppress their immu.pdf
arshin9
 
Need Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdf
Need Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdfNeed Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdf
Need Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdf
arshin9
 
Multiplexing Question.Describe (briefly) the technique of multiple.pdf
Multiplexing Question.Describe (briefly) the technique of multiple.pdfMultiplexing Question.Describe (briefly) the technique of multiple.pdf
Multiplexing Question.Describe (briefly) the technique of multiple.pdf
arshin9
 
need this program in java please and thanks!NOTICE There are NO s.pdf
need this program in java please and thanks!NOTICE There are NO s.pdfneed this program in java please and thanks!NOTICE There are NO s.pdf
need this program in java please and thanks!NOTICE There are NO s.pdf
arshin9
 
A researcher follows Great Horned Owls throughout Idaho. They collect.pdf
A researcher follows Great Horned Owls throughout Idaho. They collect.pdfA researcher follows Great Horned Owls throughout Idaho. They collect.pdf
A researcher follows Great Horned Owls throughout Idaho. They collect.pdf
arshin9
 
Introduction Programmers for a Better TomorrowProgrammers for a B.pdf
Introduction Programmers for a Better TomorrowProgrammers for a B.pdfIntroduction Programmers for a Better TomorrowProgrammers for a B.pdf
Introduction Programmers for a Better TomorrowProgrammers for a B.pdf
arshin9
 
Is there any way in which we can accept Hobbes view of human being.pdf
Is there any way in which we can accept Hobbes view of human being.pdfIs there any way in which we can accept Hobbes view of human being.pdf
Is there any way in which we can accept Hobbes view of human being.pdf
arshin9
 

More from arshin9 (20)

What kind of organisms likely perished due to the increase of oxygen .pdf
What kind of organisms likely perished due to the increase of oxygen .pdfWhat kind of organisms likely perished due to the increase of oxygen .pdf
What kind of organisms likely perished due to the increase of oxygen .pdf
 
what is the HTTP protocol used for What are its major parts.pdf
what is the HTTP protocol used for What are its major parts.pdfwhat is the HTTP protocol used for What are its major parts.pdf
what is the HTTP protocol used for What are its major parts.pdf
 
What is the between facial action unit and facial landmark differenc.pdf
What is the between facial action unit and facial landmark differenc.pdfWhat is the between facial action unit and facial landmark differenc.pdf
What is the between facial action unit and facial landmark differenc.pdf
 
What are contemporary management challenges and opportunitiesSo.pdf
What are contemporary management challenges and opportunitiesSo.pdfWhat are contemporary management challenges and opportunitiesSo.pdf
What are contemporary management challenges and opportunitiesSo.pdf
 
Valinomycin is a potassium ionophore. What would be its effect on in.pdf
Valinomycin is a potassium ionophore. What would be its effect on in.pdfValinomycin is a potassium ionophore. What would be its effect on in.pdf
Valinomycin is a potassium ionophore. What would be its effect on in.pdf
 
The retrovirus genome is made of the nucleic acid before the virus be.pdf
The retrovirus genome is made of the nucleic acid before the virus be.pdfThe retrovirus genome is made of the nucleic acid before the virus be.pdf
The retrovirus genome is made of the nucleic acid before the virus be.pdf
 
the probability that it is raining is .25. the orbability that it is.pdf
the probability that it is raining is .25. the orbability that it is.pdfthe probability that it is raining is .25. the orbability that it is.pdf
the probability that it is raining is .25. the orbability that it is.pdf
 
2)In presentation software, you can use a(n) ____ to add movement to.pdf
2)In presentation software, you can use a(n) ____ to add movement to.pdf2)In presentation software, you can use a(n) ____ to add movement to.pdf
2)In presentation software, you can use a(n) ____ to add movement to.pdf
 
Significance of Discoveries in Genetics and DNA Our understandin.pdf
Significance of Discoveries in Genetics and DNA Our understandin.pdfSignificance of Discoveries in Genetics and DNA Our understandin.pdf
Significance of Discoveries in Genetics and DNA Our understandin.pdf
 
Scope is much less complicated if functions cannot contain other func.pdf
Scope is much less complicated if functions cannot contain other func.pdfScope is much less complicated if functions cannot contain other func.pdf
Scope is much less complicated if functions cannot contain other func.pdf
 
Refer to the drawings in Figure 13.2 of a single pair of homologous c.pdf
Refer to the drawings in Figure 13.2 of a single pair of homologous c.pdfRefer to the drawings in Figure 13.2 of a single pair of homologous c.pdf
Refer to the drawings in Figure 13.2 of a single pair of homologous c.pdf
 
Prions are viruses that cause proteins to misfold. Select one True.pdf
Prions are viruses that cause proteins to misfold.  Select one  True.pdfPrions are viruses that cause proteins to misfold.  Select one  True.pdf
Prions are viruses that cause proteins to misfold. Select one True.pdf
 
2.(Sorted list array implementation)This sorted list ADT discussed .pdf
2.(Sorted list array implementation)This sorted list ADT discussed .pdf2.(Sorted list array implementation)This sorted list ADT discussed .pdf
2.(Sorted list array implementation)This sorted list ADT discussed .pdf
 
Organ transplants recipients take medications to suppress their immu.pdf
Organ transplants recipients take medications to suppress their immu.pdfOrgan transplants recipients take medications to suppress their immu.pdf
Organ transplants recipients take medications to suppress their immu.pdf
 
Need Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdf
Need Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdfNeed Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdf
Need Bacteria Factor VIII Bio wiz please, last chance!! Incorrect. A.pdf
 
Multiplexing Question.Describe (briefly) the technique of multiple.pdf
Multiplexing Question.Describe (briefly) the technique of multiple.pdfMultiplexing Question.Describe (briefly) the technique of multiple.pdf
Multiplexing Question.Describe (briefly) the technique of multiple.pdf
 
need this program in java please and thanks!NOTICE There are NO s.pdf
need this program in java please and thanks!NOTICE There are NO s.pdfneed this program in java please and thanks!NOTICE There are NO s.pdf
need this program in java please and thanks!NOTICE There are NO s.pdf
 
A researcher follows Great Horned Owls throughout Idaho. They collect.pdf
A researcher follows Great Horned Owls throughout Idaho. They collect.pdfA researcher follows Great Horned Owls throughout Idaho. They collect.pdf
A researcher follows Great Horned Owls throughout Idaho. They collect.pdf
 
Introduction Programmers for a Better TomorrowProgrammers for a B.pdf
Introduction Programmers for a Better TomorrowProgrammers for a B.pdfIntroduction Programmers for a Better TomorrowProgrammers for a B.pdf
Introduction Programmers for a Better TomorrowProgrammers for a B.pdf
 
Is there any way in which we can accept Hobbes view of human being.pdf
Is there any way in which we can accept Hobbes view of human being.pdfIs there any way in which we can accept Hobbes view of human being.pdf
Is there any way in which we can accept Hobbes view of human being.pdf
 

Recently uploaded

Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
MysoreMuleSoftMeetup
 
Home assignment II on Spectroscopy 2024 Answers.pdf
Home assignment II on Spectroscopy 2024 Answers.pdfHome assignment II on Spectroscopy 2024 Answers.pdf
Home assignment II on Spectroscopy 2024 Answers.pdf
Tamralipta Mahavidyalaya
 
How to Make a Field invisible in Odoo 17
How to Make a Field invisible in Odoo 17How to Make a Field invisible in Odoo 17
How to Make a Field invisible in Odoo 17
Celine George
 
Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.
Ashokrao Mane college of Pharmacy Peth-Vadgaon
 
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBCSTRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
kimdan468
 
The Accursed House by Émile Gaboriau.pptx
The Accursed House by Émile Gaboriau.pptxThe Accursed House by Émile Gaboriau.pptx
The Accursed House by Émile Gaboriau.pptx
DhatriParmar
 
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
Levi Shapiro
 
S1-Introduction-Biopesticides in ICM.pptx
S1-Introduction-Biopesticides in ICM.pptxS1-Introduction-Biopesticides in ICM.pptx
S1-Introduction-Biopesticides in ICM.pptx
tarandeep35
 
Normal Labour/ Stages of Labour/ Mechanism of Labour
Normal Labour/ Stages of Labour/ Mechanism of LabourNormal Labour/ Stages of Labour/ Mechanism of Labour
Normal Labour/ Stages of Labour/ Mechanism of Labour
Wasim Ak
 
Introduction to AI for Nonprofits with Tapp Network
Introduction to AI for Nonprofits with Tapp NetworkIntroduction to AI for Nonprofits with Tapp Network
Introduction to AI for Nonprofits with Tapp Network
TechSoup
 
A Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in EducationA Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in Education
Peter Windle
 
1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx
JosvitaDsouza2
 
Supporting (UKRI) OA monographs at Salford.pptx
Supporting (UKRI) OA monographs at Salford.pptxSupporting (UKRI) OA monographs at Salford.pptx
Supporting (UKRI) OA monographs at Salford.pptx
Jisc
 
special B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdfspecial B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdf
Special education needs
 
Acetabularia Information For Class 9 .docx
Acetabularia Information For Class 9  .docxAcetabularia Information For Class 9  .docx
Acetabularia Information For Class 9 .docx
vaibhavrinwa19
 
The basics of sentences session 5pptx.pptx
The basics of sentences session 5pptx.pptxThe basics of sentences session 5pptx.pptx
The basics of sentences session 5pptx.pptx
heathfieldcps1
 
Honest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptxHonest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptx
timhan337
 
Unit 8 - Information and Communication Technology (Paper I).pdf
Unit 8 - Information and Communication Technology (Paper I).pdfUnit 8 - Information and Communication Technology (Paper I).pdf
Unit 8 - Information and Communication Technology (Paper I).pdf
Thiyagu K
 
Overview on Edible Vaccine: Pros & Cons with Mechanism
Overview on Edible Vaccine: Pros & Cons with MechanismOverview on Edible Vaccine: Pros & Cons with Mechanism
Overview on Edible Vaccine: Pros & Cons with Mechanism
DeeptiGupta154
 
CACJapan - GROUP Presentation 1- Wk 4.pdf
CACJapan - GROUP Presentation 1- Wk 4.pdfCACJapan - GROUP Presentation 1- Wk 4.pdf
CACJapan - GROUP Presentation 1- Wk 4.pdf
camakaiclarkmusic
 

Recently uploaded (20)

Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
Mule 4.6 & Java 17 Upgrade | MuleSoft Mysore Meetup #46
 
Home assignment II on Spectroscopy 2024 Answers.pdf
Home assignment II on Spectroscopy 2024 Answers.pdfHome assignment II on Spectroscopy 2024 Answers.pdf
Home assignment II on Spectroscopy 2024 Answers.pdf
 
How to Make a Field invisible in Odoo 17
How to Make a Field invisible in Odoo 17How to Make a Field invisible in Odoo 17
How to Make a Field invisible in Odoo 17
 
Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.Biological Screening of Herbal Drugs in detailed.
Biological Screening of Herbal Drugs in detailed.
 
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBCSTRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
STRAND 3 HYGIENIC PRACTICES.pptx GRADE 7 CBC
 
The Accursed House by Émile Gaboriau.pptx
The Accursed House by Émile Gaboriau.pptxThe Accursed House by Émile Gaboriau.pptx
The Accursed House by Émile Gaboriau.pptx
 
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
 
S1-Introduction-Biopesticides in ICM.pptx
S1-Introduction-Biopesticides in ICM.pptxS1-Introduction-Biopesticides in ICM.pptx
S1-Introduction-Biopesticides in ICM.pptx
 
Normal Labour/ Stages of Labour/ Mechanism of Labour
Normal Labour/ Stages of Labour/ Mechanism of LabourNormal Labour/ Stages of Labour/ Mechanism of Labour
Normal Labour/ Stages of Labour/ Mechanism of Labour
 
Introduction to AI for Nonprofits with Tapp Network
Introduction to AI for Nonprofits with Tapp NetworkIntroduction to AI for Nonprofits with Tapp Network
Introduction to AI for Nonprofits with Tapp Network
 
A Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in EducationA Strategic Approach: GenAI in Education
A Strategic Approach: GenAI in Education
 
1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx1.4 modern child centered education - mahatma gandhi-2.pptx
1.4 modern child centered education - mahatma gandhi-2.pptx
 
Supporting (UKRI) OA monographs at Salford.pptx
Supporting (UKRI) OA monographs at Salford.pptxSupporting (UKRI) OA monographs at Salford.pptx
Supporting (UKRI) OA monographs at Salford.pptx
 
special B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdfspecial B.ed 2nd year old paper_20240531.pdf
special B.ed 2nd year old paper_20240531.pdf
 
Acetabularia Information For Class 9 .docx
Acetabularia Information For Class 9  .docxAcetabularia Information For Class 9  .docx
Acetabularia Information For Class 9 .docx
 
The basics of sentences session 5pptx.pptx
The basics of sentences session 5pptx.pptxThe basics of sentences session 5pptx.pptx
The basics of sentences session 5pptx.pptx
 
Honest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptxHonest Reviews of Tim Han LMA Course Program.pptx
Honest Reviews of Tim Han LMA Course Program.pptx
 
Unit 8 - Information and Communication Technology (Paper I).pdf
Unit 8 - Information and Communication Technology (Paper I).pdfUnit 8 - Information and Communication Technology (Paper I).pdf
Unit 8 - Information and Communication Technology (Paper I).pdf
 
Overview on Edible Vaccine: Pros & Cons with Mechanism
Overview on Edible Vaccine: Pros & Cons with MechanismOverview on Edible Vaccine: Pros & Cons with Mechanism
Overview on Edible Vaccine: Pros & Cons with Mechanism
 
CACJapan - GROUP Presentation 1- Wk 4.pdf
CACJapan - GROUP Presentation 1- Wk 4.pdfCACJapan - GROUP Presentation 1- Wk 4.pdf
CACJapan - GROUP Presentation 1- Wk 4.pdf
 

Carter Morley andErenaErickson live side by side in town homes joine.pdf

  • 1. Carter Morley andErenaErickson live side by side in town homes joined together by a shared wall. Both residences are in need of new exterior paint. On Monday, Morley calls a painter, Tom Sizemore, having selected his name from the classified section of the phone directory. Morley describes his address, the physical dimensions and structure of his home, and he agrees with Sizemore that the work will be performed that Friday. Sizemore estimates that with his crew of five, and given the relatively small size of the home, the work will only take one day to complete. Morley advises that although he will have to work a fourteen-hour day on Friday, he would like to have the work completed in his absence. In passing conversation with his neighbor Erickson, Morley advises her of his “home improvement” plans. Early Friday morning, Sizemore and his team arrive at the address, but by mistake, they begin work on Erickson’s side of building. AlthoughErenais home, she does not object to the work, nor does she inform Sizemore and his crew of the mistake. Midway through the day, she offers them fresh-squeezed lemonade and ham sandwiches, and they heartily accept. Upon completion of the work at 7:00 p.m. Friday evening, Sizemore knocks onErena’sdoor and asks if “the man of the home” is present, that he would like Morley to review the work and pay the agreed-upon price for the work.Erenachuckles, and “breaks the news” that the painting crew has made a mistake, one to her benefit. Erickson proclaims “I do not owe you one dime, because you do not have a contract with me; I will give you ten minutes to remove yourself and your materials from my property, or I will call the police.” Do Erickson and Sizemore have a contract? If so, why? If not, are there any other theories of recovery available to Sizemore? Solution Fictional contract refers to the contract forced by the court as a legal process to prevent injustice. It is forced in favor of persecuted party and against the party who get an undue advantage at the expenses of the other. Hence, Erickson and Sizemore has fictional contract.