Noam's Case

Case:

Yonah Friedan decided to go on vacation with his pet goldfish. When he left, he parked his car in between his and his neighbor’s houses. His neighbor, Ben Lelelinger decided that there was too much crime in his gated community and he wanted to protect his side-yard and his fertile garden. Ben built a 3-walled garage around his garden that happened to encompass Yonah’s car as well. Yonah came back from his vacation and Ben sent him an invoice for the cost of the garage. Does Yonah have to pay?

Analysis:

Since there were only three walls, Yonah’s car was still exposed on one side and therefore he didn't benefit, but if there were four walls, he would benefit and would be obligated to pay. However, Ben could argue that he only had to build the walls because Yonah’s car was there and therefore he was losing. According to R’ Yosi, if Yonah were to come back and build a fourth wall for the garage, it shows that he wants it and will have to pay, but if he doesn’t, we can’t make him pay because Ben would've built it for his flowers anyways.