In May, Rolf agrees to work for Soda Sales Company at $800 per week for a year beginning June 1. The following January, Tropic Beverages, Inc., offers Rolf the same work at $900 per week. Rolf tells Soda about the offer. Soda offers to enter into a new contract with Rolf at $875 per week. If Rolf agrees, is the new Soda contract enforceable? Why or why not?

What will be an ideal response?


Rolf's new contract with Soda is enforceable. Because the original contract had not been fully performed, it was executory. Soda's offer and Rolf's acceptance to agree to a new contract could operate as a rescission of the original contract. If Rolf had broken the original contract to accept the offer from Tropical Beverages, or if he broke the new contract to accept that offer, he might be held liable to Soda for damages for the breach.

Business

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Business