In the case of Hammer v. Breidenbach, 31 Mo. 49 (1860), Mr. Breidenbach was hired...
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In the case of Hammer v. Breidenbach, 31 Mo. 49 (1860), Mr. Breidenbach was hired to brew beer in a cave for his employer, at a salary of $1,000 per year. The contract between the Bavarian Brewery (which would later become Anheuser-Busch)and Mr. Breidenbach specified that any violation of the agreement would result in the breaching party paying the sum of $500 to the injured party. Because the cave was dangerous, Mr. Breidenbach refused to enter it to make the beer, and his employer demanded the $500. An appellate court later determined that Mr. Breidenbach should not be required to enter the cave and endanger himself, and he was not required to pay the $500 "penalty." In which of the following modern cases could this case act as an appropriate precedent?
a. A case where an employee was terminated for not attending work in a "sick" mold-infested building.
b. A case where a caterer refuses to enter a condemned building to provide food to a Halloween party.
c. A case where a liquidated (pre-determined) damages payment in a contract was excessively disproportionate to the injury.
d. A case where an employer was sued for forcing employees to work in unsafe conditions.
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