As a Result of Her Participation in a Telemarketing Scheme

Multiple Choice

As a result of her participation in a telemarketing scheme, Susan was charged with several counts of fraud. Because she knew that the courts had recently started to take a much harsher approach to such crimes, and because she already had been convicted for similar offences in the past, she was anxious to "beat the rap." She therefore called Anqwaan, her brother- in- law, who was also a lawyer, and begged for his help. Anqwaan initially hesitated. Anqwaan already was very busy with his practice. Furthermore, although they were related, Anqwaan had met Susan only a few times and he did not know her much at all. He did, nevertheless, eventually agree to take on the case. As a result of his excellent service, Susan was acquitted on all charges. A few days after the trial ended, Anqwaan sent Susan a bill for his legal services: $15 000. As a family courtesy, Anqwaan had, in fact, charged Susan only half of his usual hourly rate. Susan nevertheless was very upset. As she correctly notes, she and Anqwaan had never discussed his fee and she had never actually promised to pay him anything. Which of the following statements is TRUE?

A) Even though the parties never discussed Anqwaan's fee, the court may find that Susan implicitly promised to pay for Anqwaan's services and that, by taking the case, Anqwaan implicitly accepted that offer.
B) because the parties never discussed Anqwaan's fee, they could not have created a contract
C) There cannot be a contract on these facts because, given his relationship to Susan, Anqwaan already had a moral, family obligation to act on her behalf.
D) If Susan had promised to pay $15 000 immediately after the trial ended, and before Anqwaan raised the subject of his fee, Susan's promise necessarily would be seen by a judge as past consideration.
E) Because Susan had requested Anqwaan's services, she would have to pay his entire bill even if he doubled his hourly rate.