Please provide reaction on discussion below if you agree or disagree: William refrained from certain behaviors, as requested by his uncle, in exchange for a large sum of money. Since the executor of Story's estate refused to pay William, claiming that the contract lacked consideration, there is a theory of consideration that William can rely on. William can invoke the concept of forbearance, which he did by refraining from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he reached the age of 21. This act of forbearance on his part can be considered adequate consideration for the contract. In this case, even though refraining from liquor and tobacco has been beneficial for William's health, it can still be considered a legal detriment or forbearance for the contract. Considering the facts presented, William fulfilled his uncle's requirements, and Story acknowledged that William had fulfilled his part of the bargain. Based on this, there was valid consideration for the contract. In deciding this case, the court would consider the parties' intent and the agreement's overall fairness. Given that William performed the requested actions as specified by his uncle and that Story acknowledged his fulfillment of the agreement, it is reasonable to conclude that the contract should be enforced. As long as the court recognizes forbearance as a valid form of consideration, William has a strong argument for executing the contract. Sidway, as the executor, would be obligated to pay William the agreed-upon sum of money.
Please provide reaction on discussion below if you agree or disagree:
William refrained from certain behaviors, as requested by his uncle, in exchange for a large sum of money. Since the executor of Story's estate refused to pay William, claiming that the contract lacked consideration, there is a theory of consideration that William can rely on. William can invoke the concept of forbearance, which he did by refraining from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he reached the age of 21. This act of forbearance on his part can be considered adequate consideration for the contract.
In this case, even though refraining from liquor and tobacco has been beneficial for William's health, it can still be considered a legal detriment or forbearance for the contract. Considering the facts presented, William fulfilled his uncle's requirements, and Story acknowledged that William had fulfilled his part of the bargain. Based on this, there was valid consideration for the contract.
In deciding this case, the court would consider the parties' intent and the agreement's overall fairness. Given that William performed the requested actions as specified by his uncle and that Story acknowledged his fulfillment of the agreement, it is reasonable to conclude that the contract should be enforced. As long as the court recognizes forbearance as a valid form of consideration, William has a strong argument for executing the contract. Sidway, as the executor, would be obligated to pay William the agreed-upon sum of money.
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