Chapter 10
Consideration
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
Copyright © 2016 McGraw-Hill Education. All rights reserved.
1
Chapter 10 Case Hypothetical and Ethical Dilemma
John Harrington, Jr. (“Junior”) is a 24-year-old, 3-pack-per-day smoker. John
Harrington, Sr. (“Senior”) is a very concerned parent. On January 1, father announces
to son, “Junior, if you will stop smoking for the entire year, I will pay you $5,000.”
Senior believes that if Junior will stop smoking for one year, he will “kick the habit.”
Junior reluctantly accepts his father’s terms, and extinguishes his half-smoked
cigarette with the heel of his boot.
On January 1 of the following year, Junior approaches Senior and says “Dad, time to
pay up.” Senior has no reason to doubt that Junior has refrained from smoking for an
entire year, but states “Son, this was for your benefit. The gift I have given you is the
gift of life, and you are now likely to enjoy that gift longer, because you are now much
less likely to contract cancer. Health statistics show that non-smokers live ten years
longer than smokers. Enjoy your newfound life, but I will not pay you the $5,000.”
Does Senior owe Junior the $5,000? Is there an enforceable contract between father
and son? If there is not an enforceable contract, does Junior have any other legal or
equitable theory of recovery? Is Senior ethically obligated to pay Junior the $5,000?
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
2
Chapter 10 Case Hypothetical
Seattle Shoestring Sales, Inc. arranged to sell shoestrings to Victory, Inc., a
tennis shoe manufacturer. According to the terms of the deal, Seattle
Shoestring Sales committed to sell Victory whatever number of shoestrings it
will produce next year, at seventy-five cents per pair.
Since entering into their agreement, the price of cotton has skyrocketed five
hundred percent. To produce shoestrings, Seattle Shoestring Sales’ cost alone
will be approximately $1.50 per pair. Seattle Shoestring Sales has informed
Victory that it cannot and will not honor the deal.
Is there an enforceable contract between Seattle Shoestring Sales, Inc. and
Victory, Inc.? Is the failure to include a quantity term in the agreement fatal to
its enforceability? What about the fact that the price of cotton dramatically
increased after the companies reached their agreement? Should a court or
other arbiter increase the per-pair contract price to account for the increase in
the price of cotton, and then enforce the agreement?
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
3
Consideration
Definition: What a person will receive
in return for performing a contract
obligation
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
4
Examples of Consideration
•Benefit to promisor
•Detriment to promisee
•Promise to do something
•Promise to refrain from doing
something
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
5
Type of Consideration Based on Type of
Contract
•
•
Bilateral Contract: Exchange of
promises
Unilateral Contract: Promise in
exchange for an act
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
6
Rules of Consideration
•For a promise to be enforced legally, there must
be consideration
-Exception—Promissory Estoppel:
•One party makes promise knowing other
party will rely on it
•Other party relies on promise (“actual
reliance”)
•Justice dictates enforcement of promise,
even though it is not supported by
consideration
•Court rarely considers adequacy of consideration
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
7
Rules of Consideration (Continued)
•Illusory promise does not constitute
consideration
•Past consideration does not constitute
consideration for purposes of present contract
•Promise to do something you are already
legally obligated to do is not valid
consideration (“Pre-existing duty rule”)
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
8
Partial Payment of Debt
Liquidated Debt: No dispute as to amount
of money owed
Unliquidated Debt: Parties either (in good
faith) dispute fact money owed, or dispute
amount of money owed
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
9
Partial Payment of Debt (Continued)
•“Accord and Satisfaction” Requirements
(“Accord” represents agreement, “satisfaction”
represents payment; accord and satisfaction
means partial payment of disputed debt
discharges remaining balance allegedly owed):
-Unliquidated debt
-Creditor agrees to accept, as full payment,
less than creditor claims owed
-Debtor pays agreed-upon amount
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
10