Jamie is building a house on her lot. She invites Earnie of Earnie's Excavation to bid on the excavation job. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. Based on the assumption that the soil in Jamie's lot will be similar,he and Jamie agree that the excavation will cost $3,000. When Earnie starts digging, he learns there is solid rock under Jamie's lot. Earnie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000. If Earnie sues, the most likely result would be:________.
A) Jamie wins,as Earnie was under a preexisting duty to dig the basement.
B) Earnie wins as this modification is governed by the UCC and consideration is not required to enforce a modification of the agreement.
C) Jamie wins as Earnie was not acting in good faith and just wanted to put Jamie in a situation where she didn't have a choice but to agree to more money.
D) Earnie wins,as the modification was due to unforeseen difficulties.

Respuesta :

If Earnie sues, the most likely result would be: Earnie wins, as the modification was due to unforeseen difficulties.

Explanation:

In the given example, firstly Earnie accepts for doing the exacvation work for  Jamie for $3000. This is because of his assumption that the soil will be easily excavated since the soil in the other lots was normal and there were no excessive rocks present which acts as a hurdle for the excavation.

But, whe Earnie starts to do work, he finds diufficulties in exacvation work since the soil was rocky in her lot. Hence he  $2,500, which Jamie agrees to pay first but later refused to pay that extra amount. If she refused to pay the extra amount at the initial stage then she will win but in this case she accepts tp pay for having the work done. Thus, if If Earnie sues, the most likely result would be: Earnie wins, as the modification was due to unforeseen difficulties.