Multistate Bar Examination Practice Question
A freelance graphic designer enters into an agreement with a small business to redesign their website. The agreement outlines that the designer will provide a new website design but does not specify the number of revisions, the deadline for completion, or the payment amount. After several months, the designer submits the final design, which the business finds unsatisfactory and refuses to pay, claiming the contract was too indefinite to be enforceable. Which of the following is the most likely outcome?
The contract is enforceable because the essential term of mutual assent is present, and the missing terms are filled in by implication.
The contract is partially enforceable, allowing the business to enforce the terms that are clearly defined.
The contract is enforceable due to substantial performance.
The contract is unenforceable because it lacks essential terms such as payment and deadline.