Explore BrainMass
Share

Unilateral Contract or Gift

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

John Dee, one of the richest people in the world, was walking down the street in New York City, where he saw a man in tattered clothes on a bench. He said to the man, "If you come around the corner with me to the clothing store, I'll buy you a nice suit." Having nothing else to do at the time, the man complied. However, when they got to the clothing store, Mr. Dee changed his mind. The man sued, alleging a unilateral contract had been formed: Mr. Dee had asked for an act, and the man had performed it. Discuss whether this was a unilateral contract or a gift.

© BrainMass Inc. brainmass.com October 16, 2018, 9:33 pm ad1c9bdddf
https://brainmass.com/law/history-and-philosophy-of-law/unilateral-contract-or-gift-188838

Solution Preview

This is a contract because there is a consideration. It is not a gratuitous promise which would not make it a promise for lack of consideration. The easy way to tell ...

$2.19
Similar Posting

Considerations for Bargain Promises

Situation 1

Sam was getting along in years and wanted to provide for his grandson Dave's future. Over dinner one evening, Sam asked Dave what he would like Sam to leave him after Sam died. Dave replied that he was very fond of Sam's 1957 Thunderbird. "Very well," said Sam, "I will change my will to leave you the Thunderbird." "Thanks, Grandpa," Dave replied. "I'll make you proud."

Question 1

True or False: Sam and David formed a contract obligating Sam to amend his will to leave the Tbird to Dave. Answer True or False and provide legal support for your conclusion.

Situation 2

Suppose that Dave was a reckless 21-year old who was, in Sam's opinion, a bit too fond of cold beer, high stakes poker, and fast cars. Sam promised to will the Thunderbird to Dave if Dave would refrain from drinking and gambling and avoid speeding tickets for the rest of Sam's life. Dave promised to refrain from drinking and gambling and to avoid speeding tickets for the rest of Sam's life.

Question 2

Select the best answer and provide legal support for your selection:
A bilateral contract is formed. Sam must change his will.
A unilateral contract is formed. Sam is under no obligation to change his will.
A unilateral contract is formed. Sam must change his will.
A bilateral contract is formed. Sam is under no obligation to change his will.
Situation 3

Suppose that, in addition to promising to refrain from drinking and gambling and to avoid speeding tickets for the rest of Sam's life, Dave actually did as he promised for the rest of Sam's life.

Question 3

True of False: Sam and David formed a contract obligating Sam to amend his will to leave the Tbird to Dave. Answer True or False and provide legal support for your conclusion.

Situation 4

Returning to the facts of Question 2, suppose that Sam promised to will the Thunderbird to Dave if Dave would promise to refrain from drinking, gambling, and speeding for the rest of Sam's life. Dave replied that he promised to refrain from drinking, gambling, and speeding for the rest of Sam's life.

Question 4

Select the best answer and provide legal support for your selection:
A bilateral contract is formed. Sam must change his will.
A unilateral contract is formed. Sam is under no obligation to change his will.
A unilateral contract is formed. Sam must change his will.
A bilateral contract is formed. Same is under no obligation to change his will.
Situation 5

When Sam's regular nurse told Sam that she required back surgery and that the doctor estimated it would take at least six months for her to recover sufficiently to resume work, Sam sought to hire Jill to be his nurse for a period of up to six months, or until Sam's regular nurse became physically able to resume her duties. In exchange for Jill's services, Sam promised to either (1) pay Jill $5,000 per month or (2) provide Jill's family with suitable rent-free housing for as long as Jill was Sam's nurse.

Question 5

Sam made alternative promises to Jill as consideration for her services. Sam was able to choose between the two alternatives, yet a valid contract was formed. Why?

View Full Posting Details