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Cards In This Set
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A orally agrees to sell land to B; B orally agrees to buy the land and pays $1000 to A. Is the agreement enforceable? [Section 1]
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The agreement is unenforceable under the Statute of Frauds. B's right to restitution of the $1000, however, is governed by the same rules as if the agreement were enforceable. B has a right to recover the $1000 paid if A refuses to convey the land, but not if A is ready and willing to convey. By virtue of this indirect recognition of the duty to convey, the agreement is a contract.
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A, the builder of a house, or the inventor of the material used in part of its construction, says to B, the owner of the house, "I warrant that this house will never burn down." Is this a promise? [Section 2]
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This includes a promise to pay for harm if the house should burn down.
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A, by a charter-party, undertakes that the "good ship Dove," having sailed from Marseilles a week ago for New York, shall take on a cargo for B on her arrival to New York. Is that a promise? [Section 2]
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The statement of the quality of the ship and the statement of her time of sailing from Marseilles includes promises to pay for harm if the statement is untrue.
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A says to B, "I will employ you for a year at a salary of $5,000 if I go into business." Is that a promise? [Section 2]
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This is a promise, even though it is wholly optional with A to go into business or not.
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A, on seeing a house of thoroughly fire-proof construction, says to B, the owner, "This house will never burn down." Is this a promise? [Section 2]
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This is not a promise but merely an opinion or prediction. If A had been paid for his opinion as an expert, there might be an implied promise that he would employ reasonable care and skill in forming and giving his opinion.
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A telephones to his grocer, "Send me a ten-pound bag of flour." The grocer sends it. Is that a promise to pay? [Section 4]
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A has thereby promised to pay the grocer's current price therefor.
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A, on passing a market, where he has an account, sees a box of apples marked "25 cts. each." A picks up an apple, holds it up so that a clerk of the establishment sees the act. The clerk nods, and A passes on. Is that a promise to pay? [Section 4]
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A has promised to pay twenty-five cents for the apple.
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A's wife, B, separates from A for justifiable cause, and, in order to secure necessary clothing and supplies, buys them from C and charges their cost to A. A directed C not to furnish his wife with such supplies. Is he bound to pay? [Section 4]
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A is bound to pay for them, though he has directed C not to furnish his wife with such supplies; but A's duty is quasi-contractual, not contractual.
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A owes B $50. In exchange for A's payment of the debt B makes a promise. Is there consideration? [Section 17]
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Under the rule stated in Section 73, B's promise is without consideration.
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A offers to buy a book owned by B and to pay B $10 in exchange thereof. B accepts the offer and delivers the book to A. Is there consideration? [Section 71]
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The transfer and delivery of the book constitute a performance and are consideration for A's promise...This is so even though A at the time he makes the offer secretly intends to pay B $10 whether or not he gets the book, or even though B at the time he accepts secretly intends not to collect the $10.
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A receives a gift form B of a book worth $10. Subsequently A promises to pay B the value of the book. Is there consideration? [Section 71]
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There is no consideration for A's promise. This is so even though B at the time he makes the gift secretly hopes that A will pay him for it. As to the enforcement of such promises see Section 86.
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A promises to make a gift of $10 to B. In reliance on the promise B buys a book from C and promises to pay C $10 for it. Is there consideration? [Section 71]
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There is no consideration for A's promise. As to the enforcement of such promises, see Section 90.
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A desires to make a binding promise to give $1000 to his son B. Being advised that a gratuitous promise is not binding, A writes out and signs a false recital that B has sold him a care for $1000 and a promise to pay that amount. Is there consideration? [Section 71]
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There is no consideration for A's promise.
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A desires to make a binding promise to give $1000 to his son B. Being advised that a gratuitous promise is not biding, A offers to buy from B for $1000 a book worth less than $1. B accepts the offer knowing that the purchase of the book is a mere pretense. Is there consideration? [Section 71]
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There is no consideration for A's promise to pay $1000.
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A offers to buy a book owned by B and to pay B $10 in exchange thereof. Is there consideration? [Section 71]
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B's transfer an delivery of the book are consideration for A's promise even though both parties know that such books regularly sell for % and that part of A's motive in making the offer is to make a gift to B. See Sections 79, 81.
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