Problem
Identify, define or explain, and apply to these facts as many of the legal terms, concepts, and issues as possible that might be relevant in this scenario:
Jay's Chez-Ham is one of the finest and most expensive gourmet sandwich restaurants in town and the staff there participate in a tip pooling arrangement. One evening a reservation is made at Jay's Chez-Ham over the telephone for a party of six under the name, "A. Smith" Later that evening a man comes in to the restaurant and says he has a reservation under the name, "Smith." The hostess sees the reservation for Smith and asks about the rest of his party and he says they should be arriving any minute but that he would like to be seated right away anyhow, to which the hostess agrees and shows him to a table set for 7. As it turns out, no one else shows up at the man's table but he orders dinner and several drinks and a dessert for himself regardless. At the close of the meal and upon being presented with the nearly-$1000 bill for his dinner, the patron notices that the bill lists a "service charge" in the amount of 19% of the total amount of the food and drink charges plus a blank line for any additional amounts to be added. The patron asks the waiter about the charge and the waiter tells him it is automatically applied for parties of 6 or more, to which the patron responds that he was not made aware of the service charge in advance and in any case, he is quite plainly only a party of one. The waiter says that he will check with the manager about the service charge. The patron then opens his wallet and offers the server a business credit card with the name "Christopher Bovid" on it and listing the corporate credit account of "The Bovid Law Firm" and says to the waiter, "Regardless, sir, you did a fantastic job this evening so if your manager says to waive the 18% service charge then I will give you a 30% tip." The manager is unhappy with the large party reservation being used by only one patron but since the bill was sufficiently large, begrudgingly authorizes the server to remove the service charge. The server subsequently processes the credit card and brings the folio back to the patron to fill in the gratuity and total amounts and sign the receipt, but when the waiter returns to the table, the patron is nowhere to be found and the receipt has not been signed. Another patron sitting at the next table over flags down the server and says that "The gentlemen who was there asked me to tell you that he had an emergency and had to leave. He also said that you should just write in the total amount owed to you." The waiter glances around the restaurant trying to decide what to do...