Kirksey v Kirksey - Rational It was considered a gift because there was no bargain Brother-in-law told Sister-in-law that if she comes down she can

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Kirksey v. Kirksey (Not good law) 8 Ala. 131 (1845) Fact: Operative Facts: Brother-in-law told the wife of the dead husband, that he felt bad, of the recently decease of her husband, and promised to accommodate her if she moves to his area. He promised that he would allow her to live at one of his place, and garden the land. Issue: Whether there was consideration Rule: Consideration is a promise for a promise, or detriment
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Unformatted text preview: Rational: It was considered a gift because, there was no bargain. Brother-in-law told Sister-in-law that if she comes down, she can stay in his place. She came down, and after 2 years, he kicked her out to the woods, in another home, less well. Holding: There was no contract, it was a mere gift. (Promissory estoppels wasn’t around.) Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

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