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Kim V Son

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Submitted By clemski44
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In the case of Kim v. Son a contract has been agreed upon by the two individuals for Son to make his best efforts to repay the lost investment of Kim. However, this contract that the two men agreed upon is not enforceable due to lack of consideration for Son and the intoxicated state in which Son proposed the agreement. The consideration that must be evaluated is whether or not Kim’s agreement not to sue to recover his lost investment has value to Son. Under the agreement Kim stands to benefit essentially an undisclosed sum that is Son’s best effort to repay him. Kim argues that Son has received the benefit of not being sued which according to Beatty and Samuelson is valid, “Both parties must get something of measurable value from the contract. That thing can be… an agreement not to sue” (21013 p. 163). In this case there is no possibility of Kim wining a potential lawsuit attempting to recover his lost investment. As an investor Kim risked his capital purchasing equity in Son’s corporations, since they are corporations Son is not held liable for losses. I believe that because this really offers Son no value, while he could be sued it would be a frivolous lawsuit that he would not lose and would not create lasting negative impact for Son that he avoids by Kim agreeing not to sue. The lawsuit would create an inconvenience to Son but it provides him no value to not be wrongfully accused. Second the state at which this agreement has been made must be examined, according to facts that both men agree upon “Son and Kim met in a sushi restaurant and drank heroic quantities of alcohol” (Beatty and Samuelson, 2013 P.164). Son proceeded to not just sign the contract in his own blood but write out the entire agreement in blood, which only further shows he was not thinking correctly. Had he had the sense to at least write the contract in ink and only chose to sign in

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