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:
Explicación
An offer that asks for a completed act rather than a return promise is a unilateral contract offer, and performance of the act is both the acceptance and the performance (Civil Code §1584) — finishing the removal obligates the homeowner to pay. (b) is the standard confusion: had the homeowner said 'promise me you will remove it and I will pay $1,000', the exchange of promises would make it bilateral. (c) misapplies Civil Code §1624, which reaches contracts not performable within a year, transfers of real property and the like, not a same-day tree removal. (d) misreads 'if and when you finish' as reserving a choice; it states a condition on the contractor's performance, not an escape from the homeowner's promise, so the promise is not illusory.
Referencia Legal: Civil Code §1584, §1624Practica las 1632 preguntas gratis — sin registro.
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Preguntas relacionadas de este tema
- 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:
- A bilateral contract is distinguished from a unilateral contract in that a bilateral contract involves:
- 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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