Question

While Clara Novak was sick, her daughter helped her in many ways. Clara died, and Janie then claimed that she was entitled to be paid for the ser- vices she had rendered her mother. This claim was opposed by three brothers and sisters who also ren- dered services to the mother. They claimed that Janie was barred because of the presumption that services rendered between family members are gratuitous. Janie claimed that this presumption was not appli- cable because she had not lived with her mother but had her own house. Was Janie correct?

Answer 1

No Janie is not correct

Step-by-step explanation:

No Janie is not correct, it is reasonable to view the services provided as a gratuitous service. Janie not living with her mother does not change the fact that the services provided is seen as charity or a gift. You can give a gift of service without having to live with the person receiving said services and besides there was no contact or agreement of payment to this effect when the services were happening. Janie, if she wanted to do so should have entered into an agreement first, she cannot do something for free and later charge for that service without an agreement before the service was provided.