Crucial Exams

Multistate Bar Examination Practice Question

A landscaping company entered into a written agreement to maintain a homeowner's property, including mowing the lawn, trimming bushes, and weeding flowerbeds, for $500 per month. Two months into the agreement, the homeowner asked the company to include planting seasonal flowers four times a year. The company agreed and raised the fee to $650 per month, which the homeowner accepted orally. When the homeowner later refused to pay the increased rate, arguing that the contract modification was unenforceable, which of the following principles will determine the enforceability of the modified agreement?

  • The modified agreement is enforceable because the landscaping company provided new consideration by agreeing to additional services.

  • The modified agreement is enforceable because contracts with an ongoing performance can be modified without additional consideration.

  • The modified agreement is unenforceable because the original contract was in writing, and modifications must also be in writing to be valid.

  • The modified agreement is unenforceable because the homeowner’s promise to pay an increased fee was not supported by any consideration.

Multistate Bar Examination
Contracts
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