Written Assignment - Consideration II
Is there consideration for
the
following promises (Yes/No)?
Explain your answer using
speech act theory.
1. Mrs. Hammerhead's cat is
stuck
in a tree and won't come down.
Just then a couple,
arm-in-arm,
walk by and Mrs. H says to the man:
"If you get Pussycat for me,
I'll give you $37.50."
The man effortlessly climbs
the tree and returns the cat to its owner.
Mrs. H. remarks on how well
he climbs trees.
The man replies: "Oh, I'm a
fireman for the city and I've gone after a lot of cats."
Is there consideration
for
Mrs. H's promise?
Yes. The fireman is off
duty,
so he is not already obligated to get the cat. This satisfies the nonexpectancy
condition in speech act theory; legally, then the fireman has no
pre-existing duty to rescue the cat.
2. Susie Q, a student in
Ling.
105, got 24 pts. (out of 25) on the
midterm exam, turned in all
her homework asignments, handed in her
3-page paper on the last day
of class, and took the final exam on
Monday (as scheduled).
She left a postcard with Prof.
Schane for him to mail her the
course grade.
That evening at dinner, Mrs.
Q, her mother, says:
"Susie, darling, if you get
an A in Ling. 105, I'll take you to
Nordie's and buy you a new
winter
hat and coat."
Three days later her postcard
arrives in the mail from her
efficient professor.
Much to Susie's and her
mother's
surprise and delight,
Susie got an A+ in Ling. 105.
Is there consideration
for
Mrs. Q's promise?
No. Susie has done all the
work in her course prior to her mother's making of the promise.
Suzie has to wait to see what her grade will be. There is nothing further she can do that will count as a future act (a necessary ingredient for valid consideration).
This fails the benefit clause.
3. Mr. & Mrs. American
have
booked a hotel room for $75 in San Francisco.
When they arrive at the hotel
the check-in clerk says:
"If you attend a time-share
presentation in our giant ballroom, we
will give you your room for
half price."
Is there consideration
for
the clerk's promise?
Yes. Attending the
time-share
talk is not something the couple agreed to do when
they first made their hotel
reservation. Agreeing to attend the talk would constitute
"new" consideration. A good
answer would say that for the couple to attend the time-share
talk was not expected for the old agreement for the price of the room.
This satisfies the speech-act
condition of nonexpectancy; in the law the couple did not have a
pre-existing duty to attend the talk.
4. Mrs. Vandersnoot, prim
and
proper, a socialite and dowager,
has a favorite grandson who
is a confirmed bachelor.
She says to him:
"If you get married, and for
as long as you stay married, I'll give
you a generous allowance of
$6000 a month."
Georgio, the grandson, and a
young woman acquaintance get married.
Although they don't have sex
together they live in the same
household and appear at social
events as husband and wife.
Is there consideration
for
grandma's promise?
Yes. Georgio is not
obligated
to get married. He agrees to do this in exchange for the monthly income.
There is nothing in the
agreement
requiring the couple to have sex, which is a red herring. This
satisfies all of
Searle's felicity conditions: Futurity: The couple will get married in
the future; (2) It is not expected that
they would get married; and (3) Grandma truly wants them to get
married, and they truly want to in exchange for the $6000
a month income.
5. Jake, a former New
Yorker
and a prototypical bachelor (no relation to Georgio), lives in
Waikiki. With the holidays
approaching
he sends greetings to his friends
back in the snow and the slush.
He writes on his cards:
"If you come to Hawaii, you
won't have to stay in a hotel, but you
can stay with me in my plush
bachelor pad."
Is there consideration
for
Jake's promise?
No. Jake's offer to his
friends
is a gratuitous promise with a condition precedent ("if you come to
Hawaii").
His friends need to get to Hawaii in order to get the
benefit
of his gift; he is not
bargaining
for their trip to Hawaii.