Preview

Business Law

Satisfactory Essays
Open Document
Open Document
1102 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Business Law
Chapter 8 Chapter questions 1,2,3,5,6,7,10

1. When does a promise constitute consideration?

For a promise to constitute consideration, the promise must impose an obligation on the person making it.

2. May a promise that is conditional constitute consideration?

Yes, such a promise consideration even if the condition is unlikely to occur.

3. What is the general rule about the adequacy of consideration?

The adequacy of the consideration is irrelevant because the law does not prohibit bargains.

5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain.

No, because if a secured not for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount, the difference between the two notes is discharged. The security is the consideration to support the contract to settle for a lesser sum.

6. George agrees to remodel a kitchen for Harry for $30,000 but after beginning work asked Harry to pay $34,000. Can George enforce Harry’s new promise to pay $4000?

No, for the new contract to be enforceable there must be some added features that benefit both parties, although not necessarily to an equal extent.

7. If a boy promises his father that he will not own and operate an automobile until he is 18 in exchange for his father’s promise to pay him $2,000, is there a valid contract?

Yes, when one refrains or promises to refrain from doing something this conduct is called forbearance. If a promisor had a right to do the act, forbearance is a valid consideration.

10. When will courts apply the doctrine of promissory estoppel?

The courts will apply promissory estoppel when the promise would be substantially harmed if it were not enforced.

CASE STUDY QUESTIONS 3,4,6,8
3. Yes, because both parties benefited from the settlement agreement.

4. Yes, because even though such promises lack the technical

You May Also Find These Documents Helpful

  • Good Essays

    Law 531 Week 2

    • 531 Words
    • 3 Pages

    2. An elderly lady with poor health and poor eyesight is approached by a door to door salesman. He tells her that if she buys a sectional greenhouse from his company, she can make lots of money raising and selling flowers. She gives him a check for several thousand dollars, way more than she can afford, and signs a contract promising to make monthly payments. He delivers to her house a bunch of greenhouse sections, which have to be assembled. Can she get out of the contract and get her money back? Are there other facts which if known would help you answer this question?…

    • 531 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    8. A promise to pay in exchange for a promise of performance becomes an absolute duty when the agreement is formed -F…

    • 936 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Unit 45

    • 826 Words
    • 4 Pages

    a) Does Bob have to pay for the car or risk legal action for being in breach of contract if he continues to refuse to pay?…

    • 826 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Ls311 Unit 4

    • 617 Words
    • 3 Pages

    In this case study, we are looking into what constitutes a contract and when a person is obligated to honor a contract. In this scenario Carrie offered to sell a set of legal encyclopedias to Antonio for $300.00. Antonio said that he would think about her offer and let her know his decision the next day. Norvel, who had overheard the conversation between Carrie and Antonio, said to Carrie, "I accept your offer," and Carrie gave Norvel the books. The next day, Antonio, who had no idea that Carrie had already sold the books to Norvel, told Carrie that he accepted her offer. We need to determine whether or not Carrie is obligated to sell her encyclopedias to Norvel and whether or not she is breaching a contract with Antonio.…

    • 617 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract…

    • 981 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Business law

    • 317 Words
    • 2 Pages

    Scott entered into a bilateral contract with Otis in which Scott promised to advertise using the signboard that Otis provided. As a part of this contract Otis is required to change the lettering on the sign within forty-eight hours after receiving written request from Scott. The contract was breached when Otis failed to change the sign. As a result of this breach in the contract Scott was then obligated to pay $1000 dollars to Todd. Scott can recover $500 from Otis which is the $1000 Scott had to pay to Todd less the amount he would have had to pay Perry for pitching a no-hit game.…

    • 317 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    PRETEST 2

    • 702 Words
    • 7 Pages

    In the absence of a contact complete with offer, acceptance, and consideration, a court may enforce a promise under the principle of promissory estoppel where…

    • 702 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Cheeseman Chapter 23

    • 5022 Words
    • 21 Pages

    Answer: An unfulfilled promise qualifies as consideration, but is not considered value given under Article 3 of the UCC. This is because a holder has not actually performed the promise, and thus has lost nothing yet, and therefore does not need the protections that a holder in due course receives.…

    • 5022 Words
    • 21 Pages
    Good Essays
  • Good Essays

    The plaintiff, Pearsall, must prove that the promise had consideration, making the promise enforceable. Consideration has to have two key elements to satisfy the requirements. It has to have legal sufficiency, meaning it is something of value in the eye of the law, and there has to be a bargained-for exchange.…

    • 1846 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Rule: Consideration may include in some right, interest or benefit accruing to the one who makes the promise. Consideration also may consist some forbearance or responsibility suffered by the one who is promised. The forbearance is good consideration if the promise agrees to give up his/her legal right to engage in activities such as drinking alcohol or using tobacco.…

    • 217 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Business Law

    • 911 Words
    • 3 Pages

    H. A note for $4,000 calling for payments of installments of $250 each and stating, “In the event any installment hereof is not paid when due, this note shall immediately become due at the holder’s option.”…

    • 911 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Answer: The parties to do or not do a specific thing must base it on a mutual agreement. Parties who are competent to enter into a contract that will be enforceable against both parties must make it. The promise or obligation of each party must be supported by consideration. It must de for a lawful purpose the contract must not be illegal such as the unauthorized buying and selling of narcotics. The contract must meet certain formal requirements such as being in writing or under seal.…

    • 2514 Words
    • 11 Pages
    Good Essays
  • Better Essays

    Cheat Sheet

    • 3020 Words
    • 12 Pages

    3. promissory estoppel: a contract exists when a person reasonably relies upon a promise to his detriment…

    • 3020 Words
    • 12 Pages
    Better Essays
  • Good Essays

    Contracts I Course Outline

    • 2280 Words
    • 10 Pages

    1. A promise or apparent promise is not consideration if by its terms the promisor or…

    • 2280 Words
    • 10 Pages
    Good Essays
  • Satisfactory Essays

    Notes for Final Paper

    • 2734 Words
    • 10 Pages

    C. Yes, because a promise is a promise and consideration has nothing to do with this agreement.…

    • 2734 Words
    • 10 Pages
    Satisfactory Essays

Related Topics