Overview: The doctrine of precedent is an important consideration used to determine the outcome of a case. Read the case below based on your understanding of the assigned reading and decide what the facts of the case are and how the court might rule based on your understanding of the legal precedent concepts involved.
Make sure to review the vocabulary in the learning activity before you begin.
Case Scenario (fictional):
Unit 1 Decorative picture of the Alan property with brick wall angled upwards to his property and the Jones’ property right below it.
Hinai Jones has an easement allowing him to use the neighbors driveway in order to access his property. His neighbor Bob Alan decided that he needed a wall flowing up the driveway which ran at the top of the perimeter of Hinais property line. On September 1, Bob called Hinai and told him he was going to contract to have a brick wall installed at the top of Hinais property. Bob asked him if he had any problem with the wall being built. Hinai responded that he trusted Bob to choose a good contractor and make it visually appealing. Bob subsequently hired a bricklaying contractor to build the wall. On November 1, Hinai received a statement saying he owed the Carolton Bricklayers Co. $4,500, or half the balance of the brick wall construction project, and that this payment was overdue. Hinai thought it was a clerical error and subsequently ignored the notice. On December 1, Carolton Bricklayers Co. put a mechanics lien on Hinai Joness property. Hinai took this case to court.
Checklist:
Summarize the facts of this scenario case.
Explain whether the mechanics lien will stand or be rejected by the court based on precedent.
Explain how you think the courts would rule on this scenario case based on precedent. (See court decisions at the end of Chapter 1.)
