Exam 12: B: Consideration

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Inadequate consideration may indicate undue influence.

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Kelsey promises to pay Jon,her son,$15,000 if he obtains his degree at Ivy University,where he is currently in his second year.Jon graduates.Kelsey is

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Cherry is injured in an accident caused by Bronco.Bronco agrees to pay Cherry $2,500 if she agrees to release him from further liability.Cherry agrees.If Cherry's damages ultimately exceed $2,500,she can

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Real Estate Investments,Inc. ,owns and manages an office building.Secure Insurance Company agrees to lease the building for five years.Un?der the lease,Secure is obligated to pay all of the utility costs.Two years into the term,Secure asks Real Estate to modify the lease to provide that the utility costs be split equally between them.Real Estate agrees,but later decides it does not want to share the costs and refuses to pay.Is the landlord bound to its agreement to share the utility costs? Why or why not?

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Fact Pattern 12-A2 Cut-Rate Construction Company (CCC)begins building a restaurant for Diners Restaurants,Inc. ,but after two months demands an extra $100,000.Diners agrees to pay. -Refer to Fact Pattern 12-A2.If CCC offers,as a reason for the extra $100,000,that ordinary business expenses have increased,the agree?ment is

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Mary promises to pay her assistant Ned $10,000 in consideration of the ser?vices he provided over the years.Mary never pays Ned.Mary is

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Jen questions whether there is consideration for her contract with Isaac to exchange her catering services for his payment of a certain amount.To constitute consideration,the value of whatever is exchanged must be

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Rescission is the dissolution of a contract that returns the parties to the positions they held before the contract.

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Herm promises to pay Nixie to work as an assistant buyer for his Organic Foods stores.Nixie agrees and quits her job with Pic-U Grocery,but Herm does not hire her.Herm is most likely liable to Nixie under

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An illusory promise is a promise that is enforceable without consideration.

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Venture Capital Corporation loans Wally $15,000 to start a new business.Wally does not pay,but Venture fails to sue within the time prescribed by the applicable statute of limitations.Wally's promise to pay the debt even though recovery is barred

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Auto Body Repair Shop (ABRS)promises to pay Ben $1,000 a week to work for ABRS.Ben accepts and quits his job with Car Care Service.ABRS fails to provide a job for Ben.Ben has a cause of action based on

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Vince offers to buy a book owned by Sun-Hi for twice what Sun-Hi paid for it.She accepts and hands the book to Vince.Sun-Hi's delivery of the book is

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A contract that one party retains the exclusive right to cancel at any time is unenforceable.

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Panini Vittles,Inc. ,contracts with Qino to deliver its sandwiches.Later,the parties decide to cancel their contract.They can

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If a debt is liquidated,an accord and satisfaction cannot take place.

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Fact Pattern 12-A1 Jesse defends against a breach-of-contract suit by College Credit Corporation by claiming that their deal-a student loan accruing interest at a certain rate and payable beginning on a certain date-was unfair because the consideration for their contract was inadequate. -Refer to Fact Pattern 12-A1.A court is most likely to evaluate the adequacy of consid?era?tion if

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Domestic Auto Sales,Inc. ,promises its salaried employees a bonus at the end of the year if management thinks it is warranted.This promise is

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Betty pledges to donate $1,000 to the Children's Hospital.On the basis of the pledge,the hospital orders additional equipment.Betty reneges on the pledge.The hospital sues Betty.If the court enforces the pledge,it will be

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Fact Pattern 12-A2 Cut-Rate Construction Company (CCC)begins building a restaurant for Diners Restaurants,Inc. ,but after two months demands an extra $100,000.Diners agrees to pay. -Refer to Fact Pattern 12-A2.If CCC offers no reason for the extra $100,000,but says only that it will otherwise stop construction,the agreement is

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