Joe was the head chef and owner of Corner Grill in Columbus. He had three employees. One of them, Joan, fell sick on Sunday. Joe called Ashton, another of the employees to cover for Joan on Monday. Ashton did not answer, and Joe left a message on Ashtonâs answering machine asking Ashton to come into work the next day. Ashton never called back. Joe assumed Ashtonâs not calling back was Ashtonâs agreement to come into work. But Ashton never showed up the next day, and Joeâs Corner Grill had to close for the day due to a shortage of workers. Joe sought damages for the business revenue he had lost that day by accusing Ashton of having breached his contract to fill in for Joan. However, the court ruled in favor of Ashton, finding that Ashton had never agreed verbally or in written form that he would cover Joanâs work shift.

But what if the facts of the case were different? Select each set of facts below that could change the outcome of the case.

A. In the hiring process, Ashton was made aware that when Joe called an employee to assign a work shift, Joe would assume the shift would be covered, unless the employee called back. Ashton agreed to these terms.
B. At least 50 times before this incident, Joe had left Ashton a message regarding Ashton's need to cover a shift. Ashton would routinely not call back, yet show up to cover the shift.
C. Joe called Ashton several times, and tells Ashton that he will receive a bonus pay of $50 dollars if he comes in the next day to cover for Joan.
D. Joe calls Ashton on Saturday several times, and leaves Ashton three messages asking Ashton to come in on Monday to cover for Joan. Joe says that he will direct deposit $100 dollars into Ashton's account on Sunday. Ashton listens to all three messages, but does not call back. He then spends the $100 deposited into his account on new shoes.