Question:
D.L. Peoples Group (D.L.) placed an ad in a Missouri newspaper to recruit admissions representatives, who were hired to recruit Missouri residents to attend D.L.’s college in Florida. Donald Hawley responded to the ad, his interviewer recommended him for the job, and he signed, in Missouri, an “Admissions Representative Agreement,” which was mailed to D.L.’s president, who signed it in his office in Florida. The agreement provided, in part, that Hawley would devote exclusive time and effort to the business in his assigned territory in Missouri and that D.L. would pay Hawley a commission if he successfully recruited students for the school. While attempting to make one of his first calls on his new job, Hawley was accidentally shot and killed. On the basis of his death, a claim was filed in Florida for workers’ compensation. (Under Florida law, when an accident occurs outside Florida, workers’ compensation benefits are payable only if the employment contract was made in Florida.) Was this admissions representative agreement a bilateral or a unilateral contract? What are the consequences of the distinction in this case? Explain.