Nina, an Experienced Pool Contractor, and Charlie, a Homeowner, Agree

question 50

Multiple Choice

Nina, an experienced pool contractor, and Charlie, a homeowner, agree on a price for Nina to build a pool in Charlie's backyard. While the area is not known for rocks, Nina unexpectedly encounters a significant problem with solid rock in the backyard when she starts to dig. She tells Charlie that unless she receives an extra $5,000, she cannot complete the job. Charlie agrees, thinking to himself that he has a way out. When Nina finishes the pool, Charlie refuses to pay the additional $5,000. Which of the following is the most likely result of their dispute?

• A) Charlie will be required to pay because a typical, unilateral contract is involved, and he got the benefit of his bargain.
• B) Charlie will be required to pay because a typical, bilateral contract is involved, and he got the benefit of his bargain.
• C) Charlie will be required to pay because unforeseen circumstances are an exception to the preexisting duty rule.
• D) Charlie will not be required to pay because he provided no additional consideration, and the preexisting duty rule applies.
• E) Charlie will only be required to pay ½ of the agreed upon amounts because of the calculations involved under the preexisting duty rule.

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Definitions:

Help

Assistance or support provided to someone in need.

Client Excesses

Behaviors or actions by a client that go beyond what is considered normal or acceptable within the therapeutic setting, potentially hindering progress.

Client Deficits

Lacking essential skills, abilities, or resources that clients need in order to function effectively.

Helper

An individual who provides assistance, support, or facilitation in a therapeutic or service-oriented context.