Ruth and Bryan PC7 Brief

Ruth and Bryan PC7 Brief - and signed the agreement on May...

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Ruth and Bryan Davis v. Corinne(Bryan's mother) (PC7 p358) Issue Rule Offer - 1)Present intent to contract 2) definiteness of terms and 3)communicated to offeree. Acceptance - 1)present intent to accept 2) same terms (mirror image rule) and 3) communicated to offeror. Consideration - is a 1) legal value (to act/not act without having a legal duty to do so) 2) bargained for (agreed exchanged terms) promisor - making promise. promisee - receiving promise. Offeree - the one receiving. Offeror - making the offer. Contract - an exchange of promises. Preexisting duties - 1)contractual duties 2)modify that contract and 3)some new consideration to be binding. Application Ruth & Bryan Davis argues that there was no legal value in the original contract in the term of $1.0 which is the equivalent of gratuitous service. Also Corinne agreed to pay $40,000 to Ruth
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Unformatted text preview: and signed the agreement on May 2, 2004 as written for the land at 1388 Brimfield Road. Ruth did not have to give the land to Corinne and Corinne was not forced to sign the new agreement, but Corinne decided to agree on the exchange of $40,000 for the land she is inhabiting. Corinne argues that the preexisting duties and consideration did not require her to make a payment, because the original legal value was for Corinne to pay $1.0 in return of the one-half acre of land. The bargain was made and agreed by Ruth and Corinne to make the deal, because she purchased the land in August 17,1997 and built a house on the land living there until May 2, 2004. Conclusion Yes the new consideration was valid because the elements of consideration were met to allow modification. It was understood that gratuitous offers are not enforceable so the new consideration was valid upon signing of both parties....
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