Multistate Bar Examination Practice Question

A homeowner contacts a landscaping company to trim the hedges around their house. The company provides a written agreement stating that they will do the job for $500, and the homeowner signs the agreement. Later, the homeowner argues that the agreement is not enforceable because the company could have performed the same service for free. How should the enforceability of the agreement be evaluated?

  • The enforceability of a contract does not depend on whether the service could be rendered for free.

  • The contract includes an exchange of value and mutual agreement, which are essential elements for enforceability.

  • Oral contracts can be enforceable if they involve consideration and mutual agreement.

  • The enforceability of a contract is not contingent upon the payment reflecting market value.

Multistate Bar Examination
Contracts
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