A golf instructor posted an advertisement for his services i…
A golf instructor posted an advertisement for his services in a local newspaper. The advertisement read, “Do you want to improve your golf game? I want to help you. A lesson that normally would cost you $100 will be only $50. To get this fantastic rate, be the first at the driving range this Thursday at 8 AM with your clubs or be the first to give me a call to setup another time.” A duffer, who had heard of the instructor through a friend but had not seen the ad, called the instructor. The duffer made an appointment to meet the instructor for a lesson at the driving range on Thursday at 9 AM. The price of the lesson was not discussed, but the duffer was the only person who called the instructor about a lesson prior to Thursday afternoon. Wednesday evening the duffer saw the instructor’s ad for the first time. The duffer showed up at the driving range on Thursday at 8 AM with his clubs. No one else appeared for a lesson. The instructor gave the duffer a lesson. After the lesson, the duffer handed $50 to the instructor. The instructor stated that his fee was $100. The duffer refused to pay the additional $50. In a breach of contract action by the instructor against the duffer, which of the following would NOT be an argument that the duffer could raise in his defense?