Moral or Past Consideration Self-Quiz

 

 

 

 

 

 

Mark graduated from the New York City School of Law on June 1st, 1999. During the three years that Mark was in school, the school had lent him $30,000 to cover tuition costs under an agreement that Mark would repay the loan within two years of the date of his graduation. June 1st, 2001, the date the loan is due, comes and Mark fails to repay the money he owes. Two more years go by and Mark has still not paid the loan back. However, now the debt is barred by the statute of limitations so the school can no longer sue Mark for the money. Mark writes a letter saying “I know that I have been delinquent in my loan payments but I have lost my job and fallen on some hard times. If I can find another job, I will pay you $10,000 in ten monthly installments of $1,000 each. Mark finds a job two weeks later but fails to pay the school any money. If the school sues mark, they will:
Choice 1 Win, and recover the full $30,000 of the original debt
Choice 2 Lose, because there is no consideration for the promise
Choice 3 Lose, because the statute of limitations barred Mark’s debt
Choice 4 Win, and recover the $10,000 Mark promised in his letter
Simon, a record producer, signs Kelly, a seventeen year old lounge singer, to a deal in which he will pay her $5 million and she will record three albums for his label. Her first album does not do very well and she decides that she no longer wants to be a singer. A few weeks later, at Kelly’s eighteenth birthday party, Simon convinces Kelly to make another album. Kelly promises to not only make one album but to make both albums remaining on her contract with Simon. Her second album goes triple platinum within a week of being released. Kelly believes that other record companies will offer her much more money than what Simon is giving her so she tells Simon that she is terminating the contract. If Simon sues Kelly for breach of contract, he will probably:
Choice 1 Win, because Kelly promised to make the two albums after her eighteenth birthday
Choice 2 Win, because Kelly was under contract for three albums anyway
Choice 3 Lose, because the contract is voidable since Kelly was a minor when they made the agreement
Choice 4 Lose, because Kelly is worth much more now than she was when she and Simon made their contract
Cornelius goes over to Tony’s house to visit with him one day. When Cornelius enters the house, he sees Tony on the floor gasping for breath. Realizing that Tony is having a heart attack, Cornelius rushes Tony to the hospital. Tony survives the heart attack and, once he returns home, Cornelius comes over every day to care for Tony. After a few months, Tony is completely recovered. Tony tells Cornelius that, in appreciation for all of the help that Cornelius gave Tony, Tony is going to give Cornelius his vintage 1957 Cadillac. Two days after making this promise, Tony suffers a second heart attack and dies. Tony’s estate refuses to give Cornelius the car. If Cornelius sues to enforce the promise, he will probably:
Choice 1 Lose, because the promise was donative
Choice 2 Lose, because the general rule is that promises based on past or moral consideration are unenforceable
Choice 3 Win, because Tony would have given Cornelius the car had Tony lived
Choice 4 Win, because Tony received a material benefit from Cornelius which gave rise to the promise
Cornelius goes over to Tony’s house to visit with him one day. When Cornelius enters the house, he sees Tony on the floor gasping for breath. Realizing that Tony is having a heart attack, Cornelius rushes Tony to the hospital. Tony survives the heart attack and, once he returns home, Cornelius comes over every day to care for Tony. After a few months, Tony is completely recovered. Tony’s father tells Cornelius that, in appreciation for all of the help that Cornelius gave his son, he is going to give Cornelius his vintage 1957 Cadillac. Two days after making this promise, Tony’s father dies. Tony’s father’s estate refuses to give Cornelius the car. If Cornelius sues to enforce the promise, he will probably:
Choice 1 Lose, because the promise was donative
Choice 2 Lose, because the general rule is that promises based on past or moral consideration are unenforceable
Choice 3 Win, because Tony would have given Cornelius the car had Tony lived
Choice 4 Win, because Tony received a material benefit from Cornelius which gave rise to the promise

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