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!
15 First - what kind of contract did they have, if any?
a.a unilateral oral contract for sale of goods
b.a unilateral oral contract for services
c.a bilateral oral contract for sale of goods
d.a bilateral oral contract for services
e.no contract at all - but Luisa should still win by Quasi-contract
16.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).
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