Written Assignment - Consideration I

Do the following offers constitute promises backed by consideration?
For each answer, give a one-sentence explanation for your choice of "yes" or "no".

1. One UCSD student to another: "If you come to the Pub with me, I'll buy you a beer."

Not consideration. A condition precedent to a gratuitous promise. The other person (promisee) needs to go to pub in order to get the beer.

2. Again one UCSD student says to another: "If you speak German with me for an hour, I'll buy you a beer."

Consideration; the beer is offered in exchange for the one-hour German lesson.

3. A father, who is delighted that his daughter has broken up with her fiancé says: "I'll send you to Europe because you have broken off your engagement to Philip."

Not consideration. The breaking up occurred before the promise (notice the past tense verb "have broken off"). Recall that 'past' consideration is no consideration.

       4. An uncle promises his sick nephew: "If you live to be twenty-one, I'll send you to Europe."

Normally this would be illusory consideration because the sick nephew does nothing special (except wait) to see if he lives to be 21 (which normally would be a fortuitous outside event over which he has no control; however, if the nephew did something special (like take special treatments, change his diet) in order to increase his likelihood of reaching 21, one could then argue that there might be valid consideration.

5. A father says to his daughter who is about to apply to various law schools: "If you get into Harvard Law School, I'll pay your tuition for the three years there."

Consideration. Her getting into Harvard will occur after her applying, so there is no past consideration here.

        6. A says to B: "I'll cook you an exquisite gourmet dinner if you come to my apartment to plunge my stopped-up toilet."
<>         Good consideration; (You should be able to supply all of the valid reasons.)

7. A says to B: "In recognition of your faithful service to me all these years as my housekeeper, I will give you a substantial Christmas bonus if you stay with me until January 1."

Consideration; Houskeeper is free to leave at any time before January, so her staying till then is a future act.

        8 . A owes B $25. B says: "I'll give you this concert ticket that's worth $30 if you pay me the $25 you owe me plus $5 more." Is A's payment of $30 consideration for B's promise tyo give A the concert ticket?

Consideration; Because A must pay $5 (in addtion to the $25 he already owes), there is 'fresh' consideration. However, there would NOT be consideration if B had offered the concert ticket in exchange for the $25 that A already owes as A has a pre-existing duty to pay that sum.

         9. A offers to sell B as many widgets at $2 each as B cares to buy. B replies: "I'll take 4 dozen."

Consideration. Note that in spite of A's vague offer ("...as many as you care to buy), B commits himself to a definite amount.

      10. A offers to sell B as many widgets at $2 each as B cares to buy. B replies: "Okay."

Not consideration; B has not stipulated what he is willing to give A (i.e. how many B intends to buy) in exchange for A's offer. By saying "Okay" B can even choose not to buy any. Hence, B has essentially made no promise at all.

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