Warbeagle was hired by Barge Brothers Diet Center to give advice as to how to best market the Diet Center's new "Starvation Diet.". Warbeagle was to be paid for the development of a marketing plan based on the number of days he worked in preparation of

the plan ($1,000 a day). When he had completed about half of his intended work (five days), Warbeagle received an offer to tour the great restaurants of Russia with all expenses paid. He left Barge Brothers, but he did not leave them high and dry. He provided a computer disk and hard copy of all work he had completed to the date of departure. He also left a bill for $5,000.

Given the limited coverage of performance issues, the answer will be necessarily limited. We offer two analyses:
a . One analysis may be that this appears to be an offer for a unilateral contract and Warbeagle did not accept the offer because he did not complete the requested act—a marketing plan. If Barge Brothers accepted Warbeagle's partial performance (all work completed on disk and hard copy) and used the information, Warbeagle is liable for the reasonable value of what he received. He is only liable for the $5,000 if it was determined to be a reasonable value for what was received.
b. The contract was formed and Warbeagle's failure to complete the agreement was a breach of contract, giving Barge Brothers the right to sue for damages for any loss due to the breach. If the agreement is for a marketing plan, partial work is not what was bargained for and, since he left, he clearly would be in breach. The doctrine of substantial performance would not apply because the breach is intentional and well short of expectations. Any claim that Warbeagle would have as to his time worked would in mitigation of any loss suffered by Barge Brothers. Although he provided Barge Brothers some of his effort, it is not what they bargained for.