Elton's elderly friend , Lloyd, was a diabetic who had had a leg removed and was on dialysis. When Elton was in city hall one day paying his water bill , he overheard two clerks discussing the fact that Lloyd's water was about to be cut off due to nonpayment of his bill for the last five months. Elton inquired how much the bill was, and then, without a word to Lloyd, paid the full amount due, a sum of 973 When Lloyd found out that Elton paid the bill he immediately promised to pay Elton the amount as soon as possible. If Lloyd dies before he can repay Elton, could Elton sue and recover the 973 from Lloyd's estate? Why or why not?

Question

Elton's elderly friend , Lloyd, was a diabetic who had had a leg removed and was on dialysis. When Elton was in city hall one day paying his water bill , he overheard two clerks discussing the fact that Lloyd's water was about to be cut off due to nonpayment of his bill for the last five months. Elton inquired how much the bill was, and then, without a word to Lloyd, paid the full amount due, a sum of 973 When Lloyd found out that Elton paid the bill he immediately promised to pay Elton the amount as soon as possible. If Lloyd dies before he can repay Elton, could Elton sue and recover the 973 from Lloyd's estate? Why or why not?

Answer 1

Elton might not be able to sue and recover the $973 from Lloyd's estate, as there was no formal agreement or contract between them. The payment was made voluntarily by Elton without any expectation of repayment. In legal terms, this could be considered a gift rather than a loan or agreement for repayment. Therefore, without a clear contractual obligation, Elton may not have a legal basis to recover the amount from Lloyd's estate if Lloyd passes away.

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