William agrees to drill a well up to 200 feet deep for John's rural cabin.The contract price is $3,000.After drilling 100 feet,William strikes solid granite rock.He talks to John and explains that this is highly unusual for the area and could not have been anticipated at the time of entering into the contract.He offers to get a special drill,but says it will cost him more money,so that he will be unable to complete the project for the agreed price.Because John is anxious to have the well,he agrees to pay William an additional $1,000 to complete the job.However,once the well is finished,he changes his mind and now says he will pay only the originally agreed-upon amount.In this case:
A) the parties have agreed to a substitute contract which discharges the original contract.John is obligated to pay the additional $1,000.
B) the substitute contract is binding under the UCC because there is the payment of additional money.
C) William is in breach of contract.John need not pay any additional money.
D) William is under a pre-existing moral duty to perform at the originally agreed-upon price.

Question

Quizplus · Accepted Answer

The parties have agreed to a substitute contract which discharges the original contract. John is obligated to pay the additional $1,000 because he agreed to it at the time and it was not an unreasonable request by William considering the unforeseen circumstances.

William Agrees to Drill a Well Up to 200 Feet