Tina,an Experienced Pool Contractor,and Bruce Agree on a Price for Tina

question 24

Multiple Choice

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

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

Direct Format

A communication method where information is presented clearly and straightforwardly without digression.

Sincere Apology

A genuine expression of remorse and regret towards someone for an error or mistake made, often aimed at mending a relationship.

Indirect Approach

A communication strategy where the main point or request is presented after providing background information or rationale.

Disappointed Audience

A group of people who feel let down or dissatisfied with a performance, presentation, or outcome.