Question

Business law professor Debby needed some yard work done. She told her class that she would give $50 to the first person who mowed her yard. She also entered into an agreement with Brenda to trim some shrubbery for $40. Max went to mow Debby's yard. Unfortunately, just as he finished mowing, a neighborhood dog bit him and he had to go to the emergency room for a couple of stitches. Debby refused to pay Max on the basis that the agreement was not in writing and that Max ended up being more trouble than he was worth. Max refused to pay the emergency room because he said that they did not have a binding, bilateral contract. Brenda refused to trim the shrubbery because she got a better offer and claimed that she was not bound by the contract until she started to perform.
Which of the following is an appropriate characterization of the agreement between Debby and Max?

A. They had a bilateral, express agreement.
B. They had a bilateral, implied agreement.
C. They had a bilateral and unilateral agreement.
D. They had a unilateral, express agreement.
E. They had a unilateral, implied agreement.

Answer 1

Answer:

D) They had a unilateral, express agreement.

Explanation:

In a unilateral contract, the offeror makes an express promise without a reciprocal agreement from another party. The offeror's express promise of payment requires that the other party performs.

In this case, professor Debby made an express promise to pay $50 to anyone that mowed her yard, and Max performed the yard mowing, therefore he is entitled to payment.