Practice Exam Question
You have 10 minutes. In that time, 1) read the call of the question,
2) read the fact pattern carefully, and 3) use the left margin to list
the issues you see, in the order you would analyze them in your full
answer.
Baker is a renowned pastry chef. Café, a sole proprietorship, is a
well-known restaurant in need of hiring a pastry chef. Baker and
Café’s Owner had extensive conversations regarding Baker
coming to work at Café. On May 1, a week after those
conversations occurred, Baker sent Café a signed letter dated May
1 stating, “I will work for Café as a head pastry chef for two years
for an annual salary of $100,000.”
On the morning of May 7, Café’s Owner telephoned Baker and
said, “The $100,000 is pretty stiff. Could you possibly consider
working for less”? Baker replied: “I am a renowned pastry chef. I
will not work for any less.”
Later that morning, Café’s Owner sent Baker a signed letter by
regular mail stating: “You obviously think you are too good for my
restaurant. I am no longer interested in hiring you to work at Café.”
Later that afternoon, Café’s Owner had a change of heart and sent
Baker a registered, express-mail signed letter stating: “Okay, if you
really won’t work for less, I agree to pay you the $100,000 a year
you demand to work as head pastry chef at Café for two years.”
On May 10, the registered, express-mail letter was delivered to
Baker’s office. The regular mail letter containing the rejection was
still on its way. Baker accepted delivery of the registered,
express-mail letter from the postal carrier and placed it on his desk
without opening it.
On May 11, before Baker read the registered, express-mail letter
on his desk, he accepted an offer to work for Restaurant. As a
courtesy, Baker called Café’s Owner and said, “Sorry, I just took a
job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner
responded, “You can’t work for Restaurant, I already accepted
your offer to work for Café for $100,000 a year.”
Does Café have a contract with Baker? Explain.
