Question

For seven years, Stanford Owens has run a successful practice that helps small businesses file their taxes, become incorporated, and perform other legal tasks. Stanford moves his practice to NYC, and is happy to find his first local client, DiggyWerx, almost immediately. They negotiate a flat fee of $5,500 for six months of Stanford's services. A month later, Stanford is more familiar with the local business landscape and realizes that most people offering his services in NYC charge around $13,000 for six months of work because of the higher costs to do business in NYC. Is the deal between Stanford and DiggyWerx enforceable?
a. No, because it is unconscionable due to the difference in bargaining power.b. No, because there is insufficient consideration.c. Yes, because Stanford is still receiving a fair price for his services.d. Yes, because Stanford and DiggyWerx each receive a benefit and incur a detriment.

Answer 1

Answer:

The answer id: D) Yes, because Stanford and DiggyWerx each receive a benefit and incur a detriment.

Explanation:

Both Stanford and DiggyWerx both receive a benefit from this contract; Stanford gets $5,500 and DiggyWerx gets accounting services for six months.

They both also incurred detriment since; Stanford promised to perform his accounting duties and DiggyWerx promised to pay him money.

Both parties incurred detriment (promised to do something) and something of value is exchanged benefiting both parties, so consideration exists and therefore the control is enforceable.