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Rod was driving a tractor-trailer when he struck a concrete barrier. The truck was stuck on top of the barrier and Towco was called to get it off. Rod asked how much it would cost to tow the truck. He was told $275. No labor or other costs were discussed. Rod told Towco to tow it to the local Volvo dealership.

After a few minutes work Towco got the truck off and towed it to its yard a few miles away. Towco then notified Rod that he would have to pay $4,070 in labor costs figured at 11 cents a pound, in addition to the towing charge.

Please discuss the following:

1. Please briefly discuss the facts in this case.

2. What are the legal issues in this case?

3. Is Rod responsible for paying the additional labor costs in this matter?

Please provide legal arguments to support your answer.

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