Questão jurídica principal
Whether Z.'s continued use of the business premises gave rise to a factual contractual relationship and compensation duty.
Decisão extraída
Yes. Continued use of a service recognizable as payable can itself create a compensation duty, even without an express contract, when the recipient had to understand that the use was ordinarily chargeable.
Fundamentação extraída
Commercial use of premises in a business building is typically remunerated. Z. had previously sublet the same premises for rent, which showed he knew the use was generally paid. The lower court failed to assess this question under the doctrine of factual contractual relationship.