Abel hires Baker to paint his house for a flat fee of $3000, to be paid upon completion. According to the contract they both signed, Baker is to begin painting on June 1 and must complete the project by July 1. After the contract has been signed, Abel says to Baker, "Of course, I'll also make you lunch on the days you're working on my house." "In that case, I'll make every effort to paint the house as quickly as possible, to minimize the inconvenience to you," Baker replied.
On June 1, Baker arrives at Abel's house and begins painting. Abel makes Baker lunch every day he works on painting Abel's house. Baker does his work extra quickly, and after a week the house is completely painted. Abel then pays him $3000.
This is an example of:
A) Accord and satisfaction
B) A UCC Article 2 contract
C) A fully executed contract
D) An unenforceable unilateral contract
No, NO! Never on the bar exam. The characters in the bar exam questions can never get their act together to behave like ordinary human beings. Of course, they all have names like Ursula Unreliable and Ned Nonpayer, so maybe it's to be expected...
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Some people are just named to fail. I *guess* it's a good thing I didn't name ~ BrickFace after all.
ReplyDeleteSounds like Abel does not make a good lunch.
ReplyDeleteIf Abel does not make a good lunch... can Baker sue for breach after all?!
ReplyDelete