Question

Fred takes Betty to dinner at a very expensive and exclusive restaurant. The place is so exclusive that the menu doesn't have prices printed. The server takes their order and both Fred and Betty enjoyed the meal immensely When the bill comes, 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, "A you ready to order" and when Fred said "yes", the server merely, "What may I get you tonight"?
A.Fred must pay based on an implied 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.

Answer

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