Question

Martha contacts a bakery to get a cake for her son's birthday party.She tells the baker that she will pay him $150 for the cake if he delivers the cake on Friday evening.If the baker does not deliver the cake on Friday evening,which of the following is accurate?
A) Martha can sue the baker but cannot recover damages.
B) Martha can sue the baker and recover $150 in damages.
C) Martha cannot sue the baker.
D) The baker must pay Martha $150 plus the cost of a replacement cake,as he entered into a verbal contract with her and did not perform his legal obligation.

Answer 1

Answer:

C) Martha cannot sue the baker.

Explanation:

Martha cannot sue the baker because she has not suffered any contractual damages.  The verbal agreement was a conditional contract. The baker would have been paid if he delivered the cake on Friday.

Because the baker failed to deliver the cake, Martha is not under any obligation to pay him. Although Martha was inconvenienced, she did suffer financial losses. She cannot sue for any damages as the contract did not materialize.