Problems 3-2 and 3-3

Problems 3-2 and 3-3 - Contracts 10/17 Restitution Problem...

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Contracts 10/17 Restitution Problem 3-2 (page 300) Agnew may be able to legally terminate Roger’s pension plan. The Webb case is often cited as an example of the “material benefit” rule which holds that if a person receives a material benefit from another, other than gratuitously, a subsequent promise to compensate the person for rendering such benefit is enforceable. Not all courts follow this rule. If the court Agnew brings the case in doesn’t follow this rule, he can probably terminate the pension. If the court does recognize this rule, he probably can’t terminate the pension. Agnew undoubtedly received a non-gratuitous material benefit from Buck’s effort to save the plane and uphold company policy. Agnew then promised to compensate Buck for this benefit. Unless he can show that the company’s financial condition is no longer solid (possibly because of Buck’s expose), he will probably have to continue the pension payments. Some authorities hold that, for a moral obligation to support a subsequent promise to pay,
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Problems 3-2 and 3-3 - Contracts 10/17 Restitution Problem...

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