In May, Zach agrees to work for Affordable Plumbing Supplies Company at $800 per week for a year beginning June 1. The following January, Budget Pipes & Fittings, Inc, offers Zach the same work at $900 per week. Zach tells Affordable Plumbing about the
offer. Affordable Plumbing offers to enter into a new contract with Zach at $875 per week. If Zach agrees, is the new Affordable Plumbing contract enforce¬able? Why or why not?
Zach's new contract with Affordable Plumbing is enforceable. Because the original contract had not been fully performed, it was ex¬ecutory. Affordable Plumbing's of¬fer and Zach's acceptance to agree to a new contract could operate as a re¬scission of the original contract. If Zach had broken the original con¬tract to ac¬cept the offer from Budget Pipes, or if he breaks the new contract to accept that offer, he might be held liable to Affordable Plumbing for dam¬ages for the breach.
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