Question: W​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​ith regard to Problem 5-4 explain in detail whether "When Century asks for the final payment, should Erin refuse, claiming a common law right of self-help?" Use the case Teramo & Co, Inc. v. O'Brien-Sheipe ​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​Funeral Home, Inc., which is found in Chapter 5, to support your analysis.

Expert answer

With regard to Problem 5-4, the case of Teramo & Co, Inc. v. O'Brien-Sheipe Funeral Home, Inc. supports the analysis that "When Century asks for the final payment, Erin should refuse, claiming a common law right of self-help." The specific biblical principles that support this analysis are found in the book of Exodus, specifically Exodus 22:1-3. These verses state that "if a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a lamb. If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him. If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft." These verses clearly state that a thief must make full restitution for his crime, and if he is unable to do so, then he should be sold into slavery. In the case of Erin and Century, Erin has already paid for the funeral services in full, and thus she is not required to make any further payment. However, if she does choose to pay the additional amount demanded by Century, she would be doing so voluntarily and would not be required to do so by law.