Question

Ch. 8 - Contract Classification. High-Flying Advertising, Inc., contracted with Big Burger Restaurants to fly an advertisement above the Connecticut beaches. The advertisement offered $5,000 to any person who could swim from the Connecticut beaches to Long Island across the Long Island Sound in less than a day. McElfresh saw the streamer and accepted the challenge. He started his marathon swim that same day at 10 a.m. After he had been swimming for four hours and was about halfway across the sound, McElfresh saw another plane pulling a streamer that read, “Big Burger revokes.” Is there a contract between McElfresh and Big Burger? If there is a contract, classify it by types. (See Types of Contracts.)

Answer 1

Answer: Yes, there was a unilateral contract between McElfresh and Big Burger Restaurant. Big Burger Restaurant had an obligation to fulfill their end of the bargain since McElfresh had already begun his journey to Long Island and was already half way to the completion of the task. With this contract, Big Burger Restaurant is liable to pay as McElfresh was already half way through the swim. And once the performance is substantially met, with no specifications given, the offering party (Big Burger Restaurant) can't revoke their offer.