Legal Question in Business Law in Ohio

Re: responsibility

Dear Proud New Garage Owner:

You may not profit from another's mistake, particularly when you never stopped the contractor from even digging the first shovelful of earth to build the garage on the wrong property - yours!

The law provides a doctrine of equity, i.e. to do what is fair, right and just. Accordingly, the contractor may have a claim against you for the reasonable value of the new garage, under the equitable doctrines of unjust enrichment,quantum meruit and quantum valebant, being the reasonable value of the improvement to your property. Simply defined-

UNJUST ENRICHMENT: The doctrine of unjust enrichment is that a person will not be allowed to profit or enrich himself inequitably at another's expense. * * * As ordinarily defined, the concept of unjust enrichment includes not only loss on one side but gain on the other, with a tie of causation between them.

QUANTUM MERUIT: The elements of quantum meruit are: a benefit conferred upon another and the circumstances render it unjust to permit the other to retain the benefit without making payment therefor.

Consult an experienced real estate Attorney for a more detailed explanation. Good luck.

Sincerely, J. Norman Stark, cleveland, Ohio