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Q1.A
promise, in order to be legally enforceable as a contract, must be
given in exchange for "consideration." The court disagreed
with the defendant's contention that there was no consideration for
the uncle's promise. What in the court's opinion constituted the
consideration in this case? (Choose the
best answer) |
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The
court was righteous man. Pool is cool and cards are boss. You can dig
a cig; beer is dear; speech is free. Some dude gives those up, he
ought to get his bread. |
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The
court said that consideration is something you get in return for your
promise, a benefit. Since the uncle got what he asked for, he received
a benefit because the court said that it, and I quote, "will not
ask whether the thing which forms the consideration does in fact
benefit." |
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The
real issue here is what is a contract. In this case, the uncle
ultimately acknowledged his promise in the form of a letter to his
nephew, and a promise in a writing is a contract. |
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The court said that consideration is either some benefit received by the person making the
promise or some detriment suffered by the person to whom the promise is made. Either will do.
In this case, the court concluded that the nephew's refraining from doing the things designated by
the uncle (drinking, using tobacco, swearing, and playing cards and pool for money) constituted
the required detriment. |
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Question 1
