QUESTION 12 Use this fact pattern to answer questions 12 - 14. Mick is a singer for his band, the Tumbling Stones. Mick loves being in the band but the band is not making much money. Mick is afraid he is going to have to take a day job to catch up on his bills. One day his friend Jerri says to him, "I think the problem is the name of your band - it's not catchy enough". Jerri then suggests that Mick change the band's name to the "Roaming Stones". Mick responds, "I like it!" and immediately changes his band's name. Three months later Mick tells Jerri he'll pay her 25% of any proceeds the band makes while its name is the "Roaming Stones" because it was such a great idea. Soon the band (with its new name) is wildly successful. When Jerri asks Mick to make good on his promise, Mick refuses to pay Jerri anything. If Jerri sues Mick for her 25% she will: O a. win because Mick accepted her offer when he renamed his band. b. lose because Jerri's suggestion was past consideration and past consideration is insufficient to create a binding contracts. c. win ONLY if Mick's statement to pay Jerri 25% was in writing. d. lose ONLY if 25% of the proceeds for a band name suggestion is deemed to be excessive based on industry standards. QUESTION 13 The Roaming Stones is getting so many bookings that Mick is having trouble keeping track of everything and double-books the band. The band signed contracts to play both in Louisville, Kentucky and Buffalo, New York on the same night. Can Mick legally delegate the band's duty to play in Louisville, Kentucky to another, lesser-known band? a. No.. b. Yes.