Case 13-2 Pache v. Aviation Volunteer Fire Co.

1) Facts: Firefighter dies of heart atack while on duty. Wife sues city for worker compensation. Man worked for volunteer fire department which did not have a contract with city.

Issue: Whether there was an implied contract between Aviation Volunteer Fire Company and the City?

Rationale: City and Volunteer fire department worked hand in hand. Aviation has been in place since 1923 and have fought fires in conjunction with the FDNY. If aviation arrived at scene first, they were in charge of scene until FDNY arrived.

Conclusion: No written contract, but you cooperate and having a working relationship implied a contract.

2) Agree: Implied Contract = conduct of the parties, not necessarily a written contract. Aviation provides a service to the city. They have been doing so since 1923. The workers, although volunteers, should be compensated for the risks they undertake for the benefit of the community. Cooperation protects people in commercial relationships that don't necessarily have a written contract.

Name: Martin Jison, Dylan Leslie, Soren Croxall, Ryan Powell, Ed Hickey, Aman Saini