Nina, an Experienced Pool Contractor, and Charlie Agree on a Price

question 84

Multiple Choice

Nina, an experienced pool contractor, and Charlie agree on a price for Nina to build a pool in Charlie's backyard. Nina discovers that she did not initially include a sufficient charge for labor in her original price. She informs Charlie that unless she receives an extra $5,000 with which to hire workers, 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 Nina 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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