ASSIGNMENT: Select one of the options below and answer the respective multiple-choice question while providing your rationale for your decision as to why your choice is more correct than the other options. There is no page minimum or limit, but your grade will be based on the depth of analysis, (i.e., is your answer supported by thoughtful analytical reasoning and supported by law and facts?). Use of the IRAC method is not required but may be helpful in generally organizing your response. Please call or email if you have any questions or concerns.

Option 1.

Gina, a home renovator/flipper asked Bob the woodworker to build a black oak bedroom set. They entered into a written contract, with a contract price of $9,500 to be paid upon the decorator's receipt of the bedroom set. When the work was completed, Bobshipped the furniture to Gina. After inspecting it, Gina felt that it was not of the same high level of workmanship as she was expecting, given the other furniture that Bob had previously showcased in his showroom, and a good faith dispute arose between the parties as to the workmanship. GinasentBob the woodworker a check for $5,000 marked "payment in full." Upon receipt, Bob the woodworker endorsed and cashed the check, then sued Ginato to recover the $4,500 balance.

What would most courts likely hold?

a.Bob the woodworker's cashing of the check constituted an accord and satisfaction, discharging the decorator's duty to pay the balance

b.Bob the woodworker can recover the $4,500 balance from the decorator.

c.Bob the woodworker is estopped to sue for the balance because he cashed the check knowing that it was being tendered in full settlement.

d.Bob the woodworker's indorsing a check so marked constituted a written release, thereby discharging the contract.