oby does not have enough money to pay his apartment rent for February. Fearing he and his family will be evicted, he enters into a contract with his friend Simone whereby Simone will lend him $1,000, but he must pay her back by March 1. On March 2, Toby has not yet reimbursed Simone any money, and she sues Toby for payment of the $1,000. This is an example of