16. In an action by the employee against the business owner for breach of contract, which of the following best summarizes the probable decision of the court?

An owner and operator of a small business encourages «wellness» on the part of his employees and supports various physical-fitness programs to that end. Learning that one of his employees was a dedicated jogger, the business owner promised to pay her a special award of $100 if she could and would run one mile in less than six minutes on the following Saturday. The employee thanked him and did in fact run a mile in less than six minutes on the day specified. Shortly thereafter, however, the business owner discovered that for more than a year the employee had been running at least one mile in less than six minutes every day as a part of her personal fitness program. He refused to pay the $100.

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