While Marion Was on Extended Holiday, Her Property Became Overgrown

Multiple Choice

While Marion was on extended holiday, her property became overgrown, principally with noxious weeds. Her municipality wrote to her home address threatening a $500 fine and the attendance of a municipal crew to control the problem with a further fee of $350. Marion's neighbour, George, who was tending her mail, read the notice and telephoned her and told her he would see to the cleanup job. In time, he forgot to do so, and the municipality performed the work, leaving a bill for Marion of $850. Upon Marion's return she was enraged at George's failure, and sued him in Small Claims Court for the $850.

A) Marion's claim will fail on the basis of George's defence of lack of consideration for his promise.
B) Marion's claim based on past consideration will succeed, at least in some measure.
C) Marion's claim based on estoppel will succeed, at least in some measure.
D) Marion's claim will fail on the basis of George's defence of quantum meruit.
E) Marion's claim will fail on the basis of George's defence of quantum valebant.