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Law Skool

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Easter Hypo
Boss bunny asked junior bunny to fill “all the eggs with jelly beans” as he pointed to a pile of eggs. Junior bunny said “ok as long as you pay me $100” boss bunny said “sure.” A few minutes later boss bunny added more eggs to the pile. Junior bunny finished putting jelly beans in the original eggs and asked for payment. Boss bunny refuses to pay Junior until he filled the new eggs that were added later. Will Junior bunny win if he sues boss bunny for breach of contract?
@David Harutunyan I would add that there is a possible misunderstanding issue where Boss would argue that “all the eggs” includes any eggs later added to the pile, while Junior would argue it refers only to the specific pile identified when Boss pointed at it; I would also clarify that Boss’s later addition of eggs is best viewed as an "attempted" modification, which is not enforceable because there was no mutual assent anyways and specially (under common law), no new consideration. As a result, Junior fully (or at least substantially) performed the original agreement and is entitled to recover expectation damages. Expectation damages = loss in value + incidental/consequential damages − costs avoided. Here, Junior fully performed and Boss paid NADA so $100 (contract price owed) + $0 − $0 = $100. Since the goal is to put him in the position he would have been in had the contract been performed, Junior is most likely entitled of the $100 contract price :)
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Priscilla Silverstein
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@priscilla-silverstein-2072
Law Student at University of La Verne

Active 2d ago
Joined Feb 8, 2026
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