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Capacity

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Submitted By mamadee2k
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After an elderly couples helps a young man who is stranded due to a snowstorm, his father promises to pay them $500 in appreciation. The elderly couple accepts his offer, as they are not flush with money. However after a dispute between the father and son, the father backs out of the deal. Can the elderly couple hold the father liable for the services rendered to Daniel?
Legal consideration can be broken down into two parts: “(1) something of legally sufficient value must be given in exchange for the promise; and (2) usually, there must be a bargained-for exchange.” (Clarkson, Miller, & Cross, 2012, p. 223) In a bilateral contract it consists of a promise in return for a promise. In a unilateral contract there is a promise in return for performance. In the case stated above past consideration would be the legal standard. In past consideration there is “no consideration”. Because the father promised payment for an action that already occurred, this promise is unenforceable. There was no bargained-for exchange between the two parties prior to their taking the young man in.
While the father may be morally bound to his word, if the couple took him to court, the courts would not remand him to pay the $500 to the couple. Had the son or father offered to pay them prior to the couple providing him food and shelter then there would have been legal ground to stand on.

13-3 - Capacity
A widowed seventy-five-year-old woman named Joanne survives on a fixed budget and has recently become forgetful. Her family fears she has Alzheimer’s but no doctor has diagnosed her with this illness and no court has ruled on her legal competence. Joanne goes to a piano store one day and purchases a piano on installment. The next day when it is delivered, she tells the delivery person she has no recollection of making such a purchase. Is this contract void, voidable, or valid?
A

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