job was to recruit Missouri residents situated in Missouri. The representative recommended Hawley be approved, and an Admissions Representative Agreement (agreement) was mailed to Hawley. Haw-ley signed the agreement on November 16, 1996, in Missouri. The agreement was subsequently mailed to Appellant’s President, for the “final say,” and he executed the agreement on December 2, 1996, in his office in Kissimmee, Florida. Hawley was then trained exclusively in Missouri. Tragically, Hawley was shot and killed in Missouri while attempting to make one of his first calls. The agreement provided Appellant was to pay Hawley a commission if Hawley successfully recruited students for Appellant’s school; to provide Hawley with an opportunity to participate in Appellant 6 (Fla. 5th DCA 1982) (<HOLDING>). Here, Hawley and Appellant clearly made
holding that test for whether two offenses are not the same is whether each offense requires proof of a fact that the other does not holding that mutuality of obligation is essential for contracts based on mutual promises and that a contract is unenforceable where a party is free to perform or not perform the contract holding mutual assent in contract law is elementary and it must be expressed by the parties holding mutuality of obligation is essential to the formation of a bilateral contract holding a contract is bilateral where it contains mutual promises made in exchange for each other by each of the two contracting parties