Диссертация (972076), страница 47
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Find and read the following notable cases dealing with the issue of consideration.Present the facts and the court rulings in class. Determine what aspects of the doctrine ofconsideration the cases illustrate.Roscorla v. Thomas (1842);Eastwood v. Kenyon (1840);Thomas v.
Thomas (1842);Alliance Bank Ltd. v. Broom (1864)Hartley v. Ponsonby (1857).Exercise 29. Applying IRAC find solutions to the following hypothetical problems:1. Facts: Your neighbors are planning to go on a holiday for a week. They call on you and promiseto pay $ 100 if you take care of their dog and water the plants in the garden until they return. Youfind it a good opportunity to make some extra money.Issue: Is there a contract? Determine what constitutes consideration for both parties.2. Facts: As a college graduation present, an aunt promises to give Eileen two tickets for aCaribbean cruise with a friend of her choice. After the graduation ceremony, her aunt gave her akiss instead and said: “The stock market is down.
Sorry, darling!”Issue: Although not likely to do so, could Eileen successfully sue her aunt for breach ofcontract?3. Facts: George contracts with Harry to buy his car for $ 500. George tells Harry that he will beback with the money tomorrow to conclude the sale of Harry’s car. Harry says OK, he will considerit sold to George. George then sells his car at a loss in order to obtain the $ 500 for Harry’s car.He returns the next day and Harry has sold the car to someone else.
George sues.Issue: Is there a contract? Does George have legal grounds for his suit?4. Facts: Blair is a college freshman whose uncle is paying her tuition. Toward the end of thesecond semester, Blair’s uncle tells her that if she earns straight As, he will continue paying hertuition and as a reward will give her a new Mercedes when she graduates. Blair earns straight Asfor three years but gets two Bs in her senior year. Her uncle sends her a bill for the entire amountspent on tuition for all four years.Advise Blair on the following issues:1. Are the basic elements of consideration present in Blair’s uncle’s promise to pay for hertuition? Why or why not?2. Did Blair’s uncle have a preexisting duty to pay her tuition?3.
Was there adequate consideration to support the uncle’s promise of a Mercedes? Why orwhy not. What is this type of promise called?4. What principle might lead a court to conclude that this agreement lacked consideration?5. Should a court require Blair to refund all or part of the tuition paid by her uncle? Explain.6. If Bair had actually received straight As through college, would she be entitled to enforceher uncle’s promise?5. Facts: P., as a good Samaritan, took care of D.'s 25 year old son when he returned from sea andfell ill.
The P. gave the son shelter and comfort until he died. After the son's death, the D. sent a262letter to the P. promising to reimburse him for the son's care. P. then later refused to do so, and P.sued.Issue: Is the P.'s promise to pay legally enforceable, even though the son was of full age?Exercise 30. Applying IRAC find solutions to the following problems:Collins v Godefrey (1831) 1 B & Ad 950. Facts: The claimant, Collins, had been subpoenaed toattend court as a witness in separate court case involving the defendant, Godefrey.
Godefrey hadsued his attorney for malpractice and Collins was required by the court to attend as an expertwitness. In fact Collins never gave evidence but was required to be on standby for six days in casehe was called. After the trial Collins gave Godefrey an invoice to cover his time spent at court anddemanded payment by the next day. Without giving him the full day to pay, Collins commencedan action to enforce payment.Issue.
Is Godefrey required to pay Collins?Exercise 31. Act as a lawyer for Mrs Beer in her case against Dr. Foakes (Foakes v Beer,1884, App Cas 605).Mrs. Beer had obtained judgment against Dr. Foakes for £2 090 and sometime later he asked forextra time to pay. The parties then entered a written agreement where Dr. Foakes would pay £ 500immediately and the balance by installments. Mrs. Beer agreed also that she would not “take anyproceedings whatever on the judgement”. The parties failed to take into account that a judgementdebt carries interest from the date of the judgement.
Some five years alter Dr. Foakes had paid thewhole of the judgement debt. Mrs. Beer claimed £360 for the interest on the debt. Dr. Foakesrefused to pay relying on the previous agreement.Consult Mrs. Beers as to her rights.STAGE 3.
LEGAL RESEARCHExercise 32. Study the suggested presentation structure and language. Use it whenpreparing your own presentationBeginning(Introducing yourselfand the topic; giving apreview of the pointsyou are going to make)Middle (The “body”of the presentation,introducingacontroversialpoint,signaling conclusion)End(Givinganinsight, Making a callto action, invitingquestions,acknowledgingaquestion)Good morning/afternoon; I am going to speak to you about; all ofus know; this question is extremely important for…; in my talktoday I am going to show that , I am going to talk today about theimportant new developments in; I am going to make a couple ofpoints; briefly these are…Many people might assume; the truth of the matter is ratherdifferent; and finally I would like to move over to/By way of summary; In conclusion I would like to say; I am sureyou would like to ask me some questions; I’d be happy to answeryour question; that is an interesting point/263Exercise 33.
Make a presentation in class on one of the suggested topics or choose atopic involving consideration which is of a particular interest to you.1. Consult the Civil Code of the RF and see if the concept of consideration exists in theRussian Civil Law. Are there any similar instruments? Present your analysis in class.2.
Make a bank of landmark US cases concerning consideration.3. . Is the doctrine of consideration: dead or alive in English employment contracts? (Consulthttp://eprints.bournemouth.ac.uk/2898/1/78.pdf).4. . Research in more detail the doctrine of Promissory Estoppel. Find out if there arelimitations to its application. (Consult http://www.articlesbase.com/national-state-localarticles/doctrine-of-promissory-estoppel-2384779.html).5. .
Look for cases that would illustrate the application of the doctrine of promissory Estoppel(detrimental reliance)Additional materialTape script to Exercise 19:Another reason that teachers are spending less time, least as a group, on consideration areconsideration substitutes, specifically the notion of promissory estoppel. Promissory estoppel hasa completely different base of reasoning from consideration. Consideration is all about beingbargained for. Consideration is all about something being asked for in exchange for a promise. Butthe essence of consideration is a bargain.
Requested, asked for. The essence of promissory estoppelon the other hand though is reliance. With respect to promissory estoppels, what we focus on, isreliance. Let me give you an easy example first of consideration and then an example of promissoryestoppel. Just so that you can see the difference between the two. Because what’s going to be acritical part of success on the exam is deciding whether it is a promissory estoppel question orwhether it is a consideration question. First story illustrating consideration. Landlord tells thetenant, ‘Tenant, if you repaint the property, I will renew your lease at exactly the same rent.
It'sexpiring next month. If you paint the property, I will renew the lease at exactly the same rate.’ Thetenant paints the property. Is the promise to renew the lease legally enforceable? Answer - yes.Why? There was consideration. The landlord was asking for something in exchange for herpromise, and that consideration was indeed provided, the bargained for performance. Yes, it wasa detriment to the tenant. Yes, it was a benefit to the landlord. But just as in “Hamer againstSidway”, most importantly, it was bargained for, it was asked for. By contrast, let me do apromissory estoppel example. The lease is running out next month. The landlord tells the tenant,“I promise, I am going to renew a lease, I am going to renew the lease for another year at exactlythe same rate”.
But the landlord doesn’t ask for anything in exchange. Well, it turns out the tenantis so happy that he is going to have the premises for another year - he repaints the apartment. Wasthat a benefit for the landlord? Sure. Was there a detriment to the tenant? Sure. Is thatconsideration? No way in the world. That is not consideration. Why? Because it wasn’t bargainedfor. Now, the agreement to release the premises, to re-let the premises at exactly the same rate isgoing to be legally enforceable. But not because of consideration, not because of a bargain butbecause of a promissory estoppel, because of reliance.264ГруппаСтудентGr &voc.ReadingListeningWritingTranslationSituationPresentationВсегоПРИЛОЖЕНИЕ 10. Показатели предварительного тестирования уровнясформированности ПИКК студентов ЭК и КГЭГ1St. 1St.
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