Fred Takes Betty to Dinner at a Very Expensive and Exclusive

Fred takes Betty to dinner at a very expensive and exclusive restaurant.The menu does not mention the prices.The server takes their order and both Fred and Betty enjoy the meal immensely.When the bill arrives,Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating an offer and acceptance.The server said,"Are you ready to order?" and when Fred said "Yes," the server merely asked,"What may I get you tonight?" In the context of this scenario,which of the following statements is true?

A) Fred must pay based on an implied-in-fact contract theory.
B) Fred must pay based on a promissory estoppel theory.
C) Fred must pay based on an express contract theory.
D) Fred is correct because no contract was formed.
E) Fred is correct because he and the server entered into an agreement without a written document.

Correct Answer:

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