Discusstion Big Dig, Inc. was doing road work when John Ross, a nearby landowner

Question

Discusstion

Big Dig, Inc. was doing road work when John Ross, a nearby landowner, asked the Big Dig crew to dump 1,500 cubic yards of fill onto his property. Big Dig agreed to do so at no cost to Ross, but exceeded his request and dumped 6,500 cubic yards of dirt onto Ross’ land. Ross contacted Big Dig, and they offered to remove the excess dirt for $9,500. Instead, Ross hired a different contractor to remove the excess fill and complete additional work, and paid that contractor $46,629. Ross then filed suit against Big Dig. Since Big Dig did not charge Ross for the fill it dumped on his land, was there a breach of contract? If so, what would the amount of damages be? Would the damages be greater than $9,500? Why or why not? Would consequential damages be justified in this case? Why or why not? Discuss the issues and explain your reasoning in detail!

Explanation / Answer

Answer: No, I do not believe there is a contract here. Utility systems and Ross did not have a contract so Ross does not classify as a “buyer” (Utility did not charge him for the dirt)

No, the damages would not be greater than $9,500. Yes, I believe consequential damages can be justified because Utility dumped way more dirt on Ross property than he had requested.

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