|
|
Subject:
law of contracts
Category: Reference, Education and News > Homework Help Asked by: pasteroo-ga List Price: $2.00 |
Posted:
22 Jan 2006 07:02 PST
Expires: 21 Feb 2006 07:02 PST Question ID: 436460 |
Mr David white promised his wife,Sabrina Bamba,a handsome amount of $100,000 for preparing for him a very sumptuous meal.Mr David White would not his promise.According to him,he made the promise jokingly and that the wife would not be entitled to anything.Annoyed by the behavoiurof her husband,Sabrina Bamba threatens to bring an action to compel her husband to honour his promise. what are her chances of success? |
|
There is no answer at this time. |
|
Subject:
Re: law of contracts
From: politicalguru-ga on 22 Jan 2006 07:16 PST |
Google Answers discourages and may remove questions that are homework or exam assignments. |
Subject:
Re: law of contracts
From: skippy1981-ga on 13 Feb 2006 04:19 PST |
This question relates to consideration, try en.wikipedia.org/wiki/Consideration for an introduction to this area of contract. In law there are often not simple right or wrong answers, you need to cite cases both for and against the notion that the wife's meal constituted valid consideration for the husband's promise. |
Subject:
Re: law of contracts
From: ubiquity-ga on 15 Feb 2006 08:13 PST |
The are three issues. First, a copurt would be very unlikely to settle a dispute of this sort betwqeen a husband and wife (regardless of any legal merit) Second, was there a meeting of the minds, if the husband did not intend to contract, there may not be a contract. However, the wife can claim relief based on detrimental reliance (she relied on the promise to her detriment) or quasicontract (unjust enrichment) The third is consideration. Maybe it s a wife's job to cook her husband a good meal, in which case, there would be no consideration. |
Subject:
Re: law of contracts
From: ubiquity-ga on 15 Feb 2006 08:13 PST |
Thw wife would lose. No court would touch this. they do not want to be in the business of getting between marital problems. |
Subject:
Re: law of contracts
From: cmindia-ga on 17 Feb 2006 23:04 PST |
The fundamentals of a valid contract are (1) compenancy of the Parties to enter into Contract; (2) Lawful object; and the (3)lawful consideration. although not specified in the law, it is essential that the object and consideration are commensurate to each other. A consideration of $ 100,000 for cooking a sumptuous meal would never be a legally acceptable consideration. Reasons are (1) the phrase 'sumptuous' is not defined and hence how could one decide whether or not the meal was sumptuous; and/or (2) the constliest meal could be available anywhere in world for a consideration at the fraction of the offered amount. Hence in the first instance the consideration itself would be held void. Secondly the contract consists of an Offer, and its acceptance. The so called promise made by David at best qualify for an offer and this need to be accepted by his wife before contract comes into being. There is nothing to demonstrate that this pormise was ever accepted by his wife. Third David and his wife are related entities with conflict and/or related interest. Offer to pay this $ 100,000 could be interpreted as transfer of assets by the husband to wife and provisions of other laws like gift, tax evation etc. may also come onto surface for deciding the issue. And in all likely hood, the so called contract is Void and hence not enforeceable. Wife will not be able to enforce the contract, there being none. |
If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you. |
Search Google Answers for |
Google Home - Answers FAQ - Terms of Service - Privacy Policy |