Kirksey v. Kirksey

Kirksey v. Kirksey - gratuitous promise on the...

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Contracts 10/1 Protection of Promisee Reliance Kirksey v. Kirksey, Alabama Supreme Court, 1845 Facts : Plaintiff is defendant’s sister-in-law. Her husband died, and the defendant who lived 60-70 miles away wrote a letter offering to give her a place to stay. She moved and had a comfortable place for 2 years. After 2 years she was moved to an uncomfortable place and after that she was forced to leave. Procedure : trial court found for plaintiff ($200). Issue : whether there was consideration for plaintiff moving or whether there was a
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Unformatted text preview: gratuitous promise on the defendant’s behalf? Holding : reversed. The defendant made a gratuitous promise. Rule : Roy Notes : Classical contract law – there is offer and acceptance. However, there is no consideration. What is test for consideration? A bargained-for exchange; a quid pro quo; in this case, the brother-in-law doesn’t receive anything for his promise....
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