When Darlene bought some mountain property, she constructed a road on her property, but next to the border of adjacent land owned by Ms. Painter. Darlene asked Ms. Painter if she would be interested in sharing the cost of construction and maintenance in exchange for use of the road. They agreed. By the terms of their written agreement, Ms. Painter was allowed to terminate the agreement at will. Everything went fine for a number of years and both Darlene and Ms. Painter paid one-half of the road maintenance expense until Darlene refused to allow Ms. Painter to use the road. Ms. Painter sues Darlene for breach of contract and Darlene claims, as her defense, mutuality of agreement.What result?

Question 9 options:

A)

Darlene will prevail, because Ms. Painter had no legal obligation under the contract.

B)

Ms. Painter will prevail, because the court would imply that reasonable notice be given prior to termination.

C)

Darlene will prevail, because there was no time specified in the agreement.

D)

Ms. Painter will prevail, because there was no time specified in the agreement.