Question
Dianna makes an oral offer to Luisa:If you cater my Thanksgiving-Day dinner for 10 guests, with traditional dishes like roast turkey with stuffing, baked yams,
Dianna makes an oral offer to Luisa:"If you cater my Thanksgiving-Day dinner for 10 guests, with traditional dishes like roast turkey with stuffing, baked yams, sauted green beans, egg nog, apple sauce, apple cider, and pumpkin pie with whipped cream, I will pay you $1,000 on the Monday after the holiday."Luisa accepts and promises to be there!Luisa does a great job with the catering, and all the guests tell Dianna how wonderful the meal was.On Monday following the holiday, Luisa asks Dianna for payment. Dianna hands over a check for just $600.00, saying:"Well, what you did bring over was good, but technically you breached the contract, since you neglected to bring any egg nog, so I am deducting a reasonable amount from the total."You can assume that $50 would be enough to usually cover the cost of egg nog.Luisa comes to you for advice, because she wants the remaining $400 due on their agreement!
IF Luisa takes this to court, we would expect the judge to:
A.Rule that Luisa committed a substantial breach of their agreement, so refuse to order Dianna to pay Luisa any more compensation.
B.Rule that Luisa committed a minor breach of their agreement. The judge would deduct a reasonable sum ($50 or so) from the total contract price, and order Dianna to pay Luisa the remaining part of the contract price (about $350).
C.Rule that there was no breach of the agreement, and order Dianna to pay the full remaining balance of the contract price ($400).
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started