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Exercise 1

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Chapter 13(1) & (2) Assignment

Chapter 13(1) & (2) Assignment

Q Chapter 13(1) Consideration is defined as an "exchange of mutually bargained for detriments". Read Hamer v. Sidway on pp. 250-251. If it is beneficial to refrain from drinking (good for the liver), using tobacco (good for the lungs), swearing (good for one's character) and gambling (good for your wallet), how had the nephew, William E. Story II, incurred a legal detriment?Chapter 13(2) An actual case.... Ramon and Agnes are brother and sister who lead very different lifestyles. While Ramon goes jetsetting around the world seeking danger and pleasure, Agnes sits at home taking care of their elderly parents. After several years of dealing with the day to day drudgery of feeding, bathing, clothing, and toileting her parents Ramon sends Agnes a letter. In the letter Ramon expresses his appreciation for "all you have done for mom and dad" and promises to send her $5000 as he had amassed a sizable sum of money in his worldly pursuits. Agnes sends him a response thanking him and accepting his generous offer. Unfortunately, Ramon is soon killed during one of his dangerous and pleasurable pursuits, and his will left his entire fortune to the glamorous and mysterious Isabella. Agnes claims that Ramon's was contractually obligated to pay in accordance with the agreement (death does NOT terminate prior debts of the decedent). Isabella tells Agnes to take a flying leap off a bridge. Agnes sues. Was Ramon contractually obligated to pay Agnes?????

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As of the case, the defendant contends that the contract in which both the parties have entered did not have consideration to completely support it and so it would be considered as invalid. As of the scenario, he further asserts that the promisee by simply refraining himself from the use of liquor as well as tobacco was actually not harmed completely rather was being benefitted as because which he did perform was best for him to perform independently based on is uncle’s promise and insisted that it should be followed irrespective the promisor being benefitting from it because, the contract was formed without consideration (Miller, n.d.).