Obligating Sam To Amend His Will To Leave The Tbird To Dave
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Question 1
True or False: Sam and David formed a contract obligating Sam to amend his will to leave the Tbird to Dave. Answer True or False and provide legal support for your conclusion.
Answer: False. Sam made a “gratuitous or donative promise” without any consideration from Dave which makes the donative promise unenforceable. However, if the donative promise would have been made and “under seal,” relied on, or a moral obligation then the donative promise could be enforceable. In this case, Sam simply told Dave he would change his will to leave him the car without any consideration and without any of the exceptions listed, making the promise unenforceable.
Question 2
1. A bilateral contract is formed. Sam must change his will.
2. A…show more content… Answer True or False and provide legal support for your conclusion.
Answer :True. The contract was formed when Dave fulfilled his end of the bargain by changing his lifestyle, making it valid consideration for a unilateral contract.
Question 4
1. A bilateral contract is formed. Sam must change his will.
2. A unilateral contract is formed. Sam is under no obligation to change his will.
3. A unilateral contract is formed. Sam must change his will.
4. A bilateral contract is formed. Same is under no obligation to change his will.
Answer: 1. A bilateral contact is formed and Sam must change his will. Sam promises to change his will if Dave changes his lifestyle and Dave promises to do that. A bilateral contract is when one party promises to perform an act in exchange for the other party’s act. By both Sam and Dave both exchanging promises they formed a bilateral contract.
Question 5
Answer: Sam offered two alternative promises to Jill and both are valid consideration for her services. Under the General rule for alternative promises rule, both promises would have to be valid consideration on their own. Sam offers to pay Jill monthly or offer free housing in exchange for her