Law, Business, and Society 9th Edition by Tony McAdams

Exercise 13

An accident in the early 1960s rendered Hoffman paraplegic. At Hoffman's invitation, Thomas lived with and provided extensive physical care for Hoffman until Hoffman's death in 2004. Thomas did not pay rent and Hoffman paid for Thomas' food, provided her with a car and cell phone and made occasional cash payments to Thomas. While never married, the couple exchanged rings in 2002 and Thomas testified that she felt they "lived as man and wife." Thomas filed suit seeking $44,625 for services rendered to Hoffman. According to the trial court, her claim was based on the theories of "express or implied contract of employment" or "unjust enrichment." Thomas lost at the trial level. How would you rule on appeal Explain. See In Re Estate of Hoffman, 2006 Ia. App. LEXIS 473. [For a detailed analysis of Hamer v. Sidway, see http://www.law.smu.edu/firstday/contracts/case.htm ]