Barrett refused to continue until he knew who would pay him, since he feared Henderson's financial position was shaky. When Henderson began using shoddy installation procedures and subsequently fell behind the scheduled completion time for the project, Preferred Contractors urged Barrett to correct Henderson's mistakes and to finish the job. Barrett, a subcontractor, had been hired by Henderson Plumbing, another subcontractor, to help it complete the plumbing work on the project. Preferred Contractors was a general contractor and owner of a condominium complex, which was under construction. can enforce the contract because they shook hands on the agreement. cannot enforce the contract against Amy because he did not sign the letter.ĭ. cannot enforce the contract against Amy because her signature was inadequate without her last name under the statute of frauds.Ĭ. can enforce the contract against Amy because the statute of frauds is satisfied under this situation.ī. Nothing had been exchanged at this point. The letter was signed, "Best regards, Amy." Later, Amy had second thoughts, and refused to go through with the purchase. Two days later, Amy sent Glen a letter outlining the terms of the agreement, and stating that she would deliver $550 cash according to the agreement within ten days. I accept." The agreement was not reduced to writing, but Glen and Amy did shake hands. One evening Glen said to Amy, "Okay, I'll sell the desk for $550." Amy replied, "Thank you, Glen. unsuccessful because it was merely fatherly advice not to get married during the first year of law school.Īmy Hudson has been trying to purchase Glen Cappel's antique desk for some time, but Glen has been reluctant to sell.
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unsuccessful because her father received no benefit.ĭ. successful, as there was consideration.Ĭ. unsuccessful because her father's death terminated the contract.ī. If Kathy sues the estate, she will probably be:Ī. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. Kathy successfully completed her first year of law school, but soon thereafter, Kathy's father died. Kathy agreed and postponed the wedding for a year. He called Kathy and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Kathy's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. Upon graduating from college, Kathy announced her plans to enter law school the following fall and to marry Rick in December. Earnie wins, as the modification was due to unforeseen difficulties. Jamie wins as Earnie was not acting in good faith and just wanted to put Jamie in a situation where she didn't have a choice but to agree to more money.ĭ. Earnie wins as this modification is governed by the UCC and consideration is not required to enforce a modification of the agreement.Ĭ. Jamie wins, as Earnie was under a preexisting duty to dig the basement.ī. If Earnie sues, the most likely result would be:Ī. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000.
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Earnie says it will cost an extra $2,500 for the excavation work. When Earnie starts digging, he learns there is solid rock under Jamie's lot. Based on the assumption that the soil in Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. She invites Earnie of Earnie's Excavation to bid on the excavation job.
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Jamie is building a new house on her lot.