Paul lived next door to Tony. Though the two were not friends they had a great deal of mutual respect for each other. Due to a change in the county health code, Tony and Paul both needed to remove their private septic systems and install municipal sewers into their home.

To do so would cost about $10,000 per home. Paul was not sure that Tony cold afford to pay the hefty price for the installation so he told Tony that he would pay for his sewer installation. Tony told Paul thank you and expressed his deepest gratitude to him every time he saw him for the next few weeks.

Prior to the sewers being connected the two neighbors got into a dispute because Tony did not like the color of Paul's new shed that Paul built in his backyard near the property line between Tony and Paul's properties. One night Tony snuck into Paul's backyard and repainted the shed to a "more agreeable" color. The two never spoke again after Paul saw the damage to his new shed.

The new paint job on the shed made Paul reconsider paying for Tony's sewer and told the contractor that Tony would be on his own for the installation. The contractor installed Paul's sewer and did nothing to Tony's home.

Tony sued Paul for breach of contract. What is Paul's best defense to Tony's breach of contract claim?

Select one:

a.

Paul's offer was in jest due to the high expense of the value of the offer.

b.

There was a unilateral contract and therefore Paul did not have to perform.

c.

Tony's gratitude was insufficient for an acceptance.

d.

There was no consideration.

Paul lived next door to Tony. Though the two were not friends they had a great deal of mutual respect for each other. Due to a change in the county health code, Tony and Paul both needed to remove their private septic systems and install municipal sewers into their home.

To do so would cost about $10,000 per home. Paul was not sure that Tony cold afford to pay the hefty price for the installation so he told Tony that he would pay for his sewer installation. Tony told Paul thank you and expressed his deepest gratitude to him every time he saw him for the next few weeks.

Prior to Paul offering to pay for the sewers at Tony's, Paul built the shed without obtaining the proper building and zoning permits.After the shed was built, Tony hated the color of the shed and the shed's placement.

If Tony told Paul that his only choice was to pay for Tony's sewer or he would turn Paul into the authorities and most likely he could be fined, made to tear the shed down and/or possibly face criminal penalties for his actions.

At the last minute, Paul decided that he would not give into Tony's threats and would not pay to install Tony's sewer.What is Paul's best defense against a breach of contract claim in this example?

Select one:

a.

Duress

b.

Undue Influence

c.

Fraud

d.

Both A & B