LifeTime Inc. publishes a monthly magazine that derives revenues from advertising. As a promotional strategy the company offers various businesses the opportunity to advertise free of charge in three consecutive issues of its magazine. On April 1, a LifeTime representative telephones SportsWear:
LifeTime: We're calling to tell you that free of charge in the next three issues of our magazine, we'll publish your standard full-page advertisement.
SportsWear: We thank you. Please put your promise in a signed writing; we'd like to see it in black and white.
LifeTime sends SportsWear this signed writing: Confirmation of Binding Contractual Promise, This confirms that LifeTime will publish, free of charge, SportsWear's standard full-page advertisement in three consecutive issues of its monthly magazine.Thereafter, LifeTime's management decides against its free advertising program. There follows another conversation with SportsWear.
LifeTime: Please know that we have changed our mind about the free advertising. We won't be publishing your ad.
SportsWear: You made a signed written promise and we intend to hold you to it. Alleging breach of contract SportsWear sues LifeTime. LifeTime contends that it has no obligation to honor its promise. If the court decides against SportsWear, its reason will most likely be that
I.SportsWear itself did not sign the writing entitled "Confirmation of Binding Contractual Promise."
II.LifeTime's promise was not embodied within a contract.
III.LifeTime withdrew its offer before SportsWear accepted it.
IV.LifeTime's promise was mere nudum pactum.
A.I only
B.III only
C.I and II only
D.II and IV only