Reference - Wrong Deck. Penny hires Jackson to paint her back deck on her house. She agrees to pay him $200 for the job, and he accepts, sight unseen. They enter into the agreement on Tuesday, and he is to paint the deck on Saturday. When Jackson arrives, neither Penny nor her neighbor is at home. He mistakenly paints the neighbor's deck. Penny calls him the next day and asks him why he did not paint her deck. He informs her that he did paint the deck. It is then discovered that he mistakenly painted the neighbor's deck. Penny tells him not to worry because the neighbor will be required to pay him. Jackson says that if the neighbor does not pay, then he expects all of his funds from Penny. Which of the following is correct regarding Penny's assertion that the neighbor will be required to pay Jackson?
A) She is correct. The neighbor will be required to pay Jackson under a theory of quasi-contract.
B) She is correct. The neighbor will be required to pay Jackson based upon an implied-in-fact contract.
C) She is correct. The neighbor will be required to pay Jackson based upon an implied-in-law contract.
D) She is correct. The neighbor will be required to pay Jackson based upon an express contract.
E) She is incorrect. The neighbor will not be required to pay Jackson.
Correct Answer:
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