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.He 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 well.He did, nevertheless, eventually agree to take on the case.As a result of his excellent services, 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 is 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 most likely to be TRUE?

A) Because the parties never discussed Anqwaan's fee, they could not have created a contract.
B) Even though neither party mentioned money before Susan was acquitted, a court will find that the parties impliedly created a contract at the outset because Anqwaan impliedly promised to act and Susan impliedly promised to pay on a quantum meruit basis.
C) 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.
D) There cannot be a contract on these facts because, given his relationship to Susan, Anqwaan already had a family obligation to act on her behalf.
E) A court will find that the parties created a contract, but since neither party mentioned a price at the outset, Anqwaan is only entitled to receive the amount that Susan believes is reasonable in the circumstances.