We read about a youth who was promised by his uncle a large reward of five thous
ID: 329382 • Letter: W
Question
We read about a youth who was promised by his uncle a large reward of five thousand dollars. All he had to do was to refrain from tobacco, drinking, gambling and swearing until he was 21 years of age. The young man met this promise but his reward was rejected by the executors of his dead uncle's estate. They argued that the boy sacrificed nothing and was duly compensated by his good health, saving of his own money and reputation. You be the judge. 1. Did the initial oral agreement between uncle and nephew meet the required elements of a valid contract? 2. You be the judge. Was consideration adequately defined in the agreement when the boy only promised to live free of vices? 3. Was protection from harmful activity and good health adequate consideration from the estate or should the youth receive his reward in money?Explanation / Answer
But as per his uncle’s promise it was also an adequate consideration which was in the form of reward. If his uncle would have been alive he would have definitely got the consideration of five thousand dollar.
Though, there was an agreement but it was not a legal agreement hence nephew cannot argue in the court to claim his five thousand dollars from his uncle’s estate. Also as the agreement was oral between his uncle and him, he cannot prove the existence of any such contract.
Thus, as a judge it can be alleged that the overall purpose of the agreement was to refrain nephew from harmful activities so that he is healthy in future therefore it can be said that his protection from harmful activities was adequate consideration from estate.
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