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The plumber unclogged the drain and gave the homeowner an invoice that reflected the hourly rate for his services as posted on his website. The homeowner refused to pay the full invoice amount, asserting that his hourly rate was higher than that charged by other local plumbers. The homeowner offered to pay him the average of those rates. The plumber demanded payment of the invoiced amount.
A homeowner visited the websites of numerous local plumbers for service and hourly rate information. The homeowner called one of the plumbers, told him she had found him through his website, and asked him to unclog a floor drain in her basement. The plumber responded, «Okay, I'll be there tomorrow at three.»
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A is incorrect. Since the plumber's hourly rate was available to the homeowner on the website and the homeowner used the website as the basis for contacting the plumber, this is not a case where there is no agreement between the parties as to price.
C is incorrect. A reliance-based measure of damages does not apply because the parties had a bargained-for contract that included the hourly rate set by the plumber.
D is incorrect. A restitution-based measure of damages does not apply because the parties had a bargained-for contract that included the hourly rate set by the plumber.