Case 15.1.3 Summary

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Chapter 15 1. Odessa cannot enforce this promise. There was no consideration for the promise. Consideration is promise or performance that the promisor demands as the price of the promise. Sarah does not official records and she is not bound to pay the money to Odessa. Even if Sarah does not pays the money, Odessa cannot file a case against Sarah. So, Odessa cannot enforce this promise. 2. This classic case was decided in 1891. William II assigned his rights in this matter to an individual named Hamer who brought the lawsuit against the executor of the estate of Mr. Story, an individual named Sidway. The amount of the actual promise in the late 1800s was $5,000. The court stated:“...the promisee used tobacco, occasionally drank liquor, and he had a legal right to do so. That right he abandoned for a period of years upon the strength of the promise of the testator that for such forbearance he would give him five thousand dollars....”Consideration then may also consist of forbearance, which is refraining…show more content…
There was a failure of consideration when Proudfoot did not devise a system that would work and save money. Because of this failure of the consideration for the promise of Sanitary Linen to pay money, there was no basis for having made those payments. Consequently, Sanitary Linen was entitled to get its payments back. This can be seen by assuming that the service company had not paid anything and that instead of suing to recover payments it had made, Sanitary Linen was suing for breach of the contract to provide a better system. Here, it would be affirming that there was a binding contract, but insisting that the obligation of Proudfoot had not been performed. This would make Proudfoot liable for damages. If the nonperformance were deemed to “erase” the element of consideration, Proudfoot could say that there never was a contract because of the failure, and therefore, no damages could be recovered for the breach of a contract that did not
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