Verbal contracts. Contract Law

[sneezecakesmum]

Asking for a friend of DH. This friend owns some land and a big warehouse (in the middle of nowhere countryside. He owns a paddock sized field and it is adjacent a large farm. The farmer has asked this friend over several seasons if he could plant potatoes, beans or some such in this field,not offering or giving payment. The friend has not asked for any payments. The farmer pocketed all profits.

Anyway this friend of DH asked said farmer if he (the farmer) could sow grass seed on the field as he was fed up with all the mud. No mention of payment on anyones part and friend thought the farmer would do it out of friendship and because of all the free crops he had harvested there.

The farmer sowed the seeds and a couple of weeks after asked DHs friend for £650! Friend absolutely devastated as thought it was a quid pro quo arrangement. He paid up.

Too late now I know as the bastard farmer has got the money but I think he should have told him to get stuffed as there was no contract at the time of the agreement and no barter/cash was asked. I know he is too nice to do this though, but would he have been within his rights to refuse to pay and just told him to take his bloody seed back!

Oh and DH can't say anything (also livid) as he keeps his bees on said farmers land!

Looks like a question in a GCSE Law paper

No money had ever changed hands before. Farmer offered to sow grass, money should not have been demanded and no, the owner had no obligation to pay. Can he get it back? Possibly, but is it worth the effort?

I expect said farmer will be offering to cut the grass at some stage to make hay to feed animals possibly.

Hope your friend realises he has been had. Perhaps he ought to consider preventing the farmer from accessing his land or agreeing a one year lease with him...

Agree yesmaam, not worth the effort and friend far too nice to make a fuss and refuse to pay or ask for it back. Wouldnt surprise me if farmer did ask for the cut hay! DF just lost his mum and might lose his home because its in trust for him and siblings so just feel for him Will probably have to sell field and warehouse to buy out his siblings, but not to the farmer I'll bet!

The guides and the scouts often used this field for camping and I think he should have bought a sack of wildflower/meadow seeds and let them sow it for him for free!

In order for there to be a contract there must be an offer, an acceptance and consideration. Consideration is some forebearance on part of offeree to offeror (ie money). The friend asked the farmer to sow grass in the field, the farmer made an offer I will sow the grass for consideration of £650 to which your friend (unfortunately) accepted . At that point he should have rejected the offer/made a counter offer. Just my take on it others may view differently.

Meant to add for your friend - sounds like he could have done without this.

Jumpy - that's not quite right.

There must be a meeting of the minds before there can be a contract - in this case, there wasn't agreement so there is no valid contract imho.

Your friend should have told him to gettaefuck.

Also, there has to be intention to create legal relations in order for there to be a contract - I'd say there probably wasn't in this case and it was a social arrangement.

Jumpyjan...No there was no mention of money at the start of the transaction. My friend (who had done several favours in relation to the land in the past) only asked if the farmer would sow some grass seed as he was doing the same on his own fields. The ask for money bit only came about after the field was sown.

fuckerama, If I had been there I would have told the farmer to
kiss my ass cease and desist! Too late now but thats farmers for you (well him and his greedy mother - who regularly rips DH off wrt his honey!)

Ahem, I misread the original post - the fact the friend asked the farmer to sow the grass does make a bit of a difference actually (for some reason i read it the other way round - the cheeky farmer had asked to sow grass as he was fed up of mud...hence my 'and he'll want the hay comment').

There should be a meeting of minds as to the essential terms of a contract (including how much one should pay another) but in the absence of agreement, surely the friend knew it would cost the farmer something for the seed, so it cannot be completely unexpected , albeit it not in the spirit of the reciprocal arrangement he thought they had, that the farmer would want to cover costs? Without consulting my encyclopaedia on equity and fairness, in essence it is a sort of estoppel point/unjust enrichment - you asked me to do something, I agreed, you knew it would cost me, you should pay. I have no idea if £650 is fair, for seed and time

As I say, perhaps now his fingers have been burnt he'll realise the farmer is only on the take. I hope he doesn't lose his land though :(

The seed cost was minimal and the farmer had had several seasons worth of free crops from my friend. The farmer simply asked can I sow such and such (and take any profit), so DF obviously thought it was a reciprocal arrangement between 'friends'. He's lived and learned though bless him, he is such a sweetie

Small field (paddock) max £20 for seed and 1/2 an hour in a tractor as he was already seeding another field. DF should have said I will pay £650 but am charging £600 for the backdated rental of my land! Farmer doesnt drive a brand new audi sports car by being the good samaritan. Just hoping DF can find some way round his housing problem but think the land etc will have to go and with it the sunday afternoon boys club (DH, him and old fogies!), scouts, brownies, guides with it.

Agree with fuckarama (lovely name)

thanks all but hey ho. DF certainly won't sell to the farmer thats for sure. He also has a little woodland the kids use, such a shame if it all goes but at least he will keep his home.

There is no contract, but the farmer can claim a quantum meruit payment; £650 may or may not be fair. As the friend incurs no cost in allowing the farmer to use his land, and indeed by having the farmer cultivate the land is relieved of the liability of maintaining it, the friend is less likely to succeed in a similar claim from the farmer.

Thanks Mr A. Firstly there is no liability incurred if the land is not maintained - its a small field in the middle of nowhere, so that argument has no merit.

This is the only thing I can find which would be relevant to the quantum meruit payment

Quantum meruit may also be used in order to recover a reasonable remuneration for the performance of a contract when no specific remuneration has been agreed upon. This ('quantum valebat') also applies when no price for goods is deter- minded (SGA 1979)

Operative words are 'reasonable remuneration'

The farmer invoiced the seeds at £160. A seed merchant we contacted said £20! Therefore the farmers labour (1/2 hour) is valued at £1,260.00 an hour. I dont think anyone would find that reasonable!

Its all an intellectual exercise now as he's paid up, but I most certainly wouldnt have! You live and learn who your real friends are though!