Question
Behan is a famous sous chef. Ted's Restaurant (owned by Ted) is in need of hiring a sous chef. In late August, Behan and Ted
Behan is a famous sous chef. Ted's Restaurant (owned by Ted) is in need of hiring a sous chef. In late August, Behan and Ted had extensive conversations regarding Behan coming to work at Ted's Restaurant. On September 1, a week after those conversations occurred, Behan sent Ted a text stating, "I will work for Ted's as a head sous chef for a year and a half for an annual salary of $70,000." On the morning of September 7, Ted texted Behan and said, "The $70,000 is a lot. Would you consider working for less?" Behan texted in response: "I am a famous highly trained chef. I will not work for any less." Later that morning, Ted sent Behan a text stating: "I am no longer interested in hiring you to work at Ted's." Later that afternoon, Ted had a change of heart and sent Behan a text stating: "Okay, if you really won't work for less, I agree to pay you the $70,000 a year you demand to work as head sous chef at Ted's Restaurant for a year and a half. You can start on September 10." Behan immediately sent back a text to Ted saying, "I accept, see you on September 10." On September 9, Tom, a more famous, more likeable, and better chef than Behan contact Ted and expressed interest in working at Ted's Restaurant for $60,000 per year. Ted looks to you for advice. Specifically, Ted would like you to assess what liability Ted's Restaurant faces if he gives Behan's job to Tom. Based upon the lectures in class, give Ted your best advice.
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