Contracts & ExecutionQuestion 856 of 1605
A homeowner tells a contractor, 'I'll pay you $1,000 if and when you finish removing the fallen tree,' and the contractor completes the removal. This is an example of acceptance of:
a.A unilateral contract, accepted by full performance of the requested act
b.A voidable contract
c.A contract barred by the Statute of Frauds
d.An illegal contract
Explanation
An offer that seeks acceptance through performance of a specific act, rather than a return promise, is a unilateral contract offer; the offeree accepts by completing the requested act. Here, finishing the tree removal is both the acceptance and performance, obligating the homeowner to pay the $1,000. The arrangement is neither voidable nor illegal, and a short, quickly performed job like this is not barred by the Statute of Frauds.
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Related questions on this topic
- A 'pay-if-paid' clause in a subcontract attempts to make the general contractor's receipt of payment from the owner a:
- The 'implied covenant of good faith and fair dealing' that accompanies most contracts requires that:
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- A contract term is 'ambiguous' when:
- Under the rule of 'contra proferentem,' an ambiguous contract term is generally construed:
- In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)