R. Johnson, president of the TV division of Colossus Studios, was having an affair with his secretary Roxie Hart. On 10 March 2002 he said to her "You know I can't leave my wife. We must end our relationship". On 2 May 2002 during a conversation he told Charles Walton, his personal assistant, "I know how much you like Roxie, and I know she really likes you. She and I have broken up – if you marry her before the end of the year I will give you 1000 shares of Colossus Studios common stock on the day of the wedding". On 24 December 2002 Walton and Hart got married in Las Vegas. Johnson and his wife attended the wedding; however Johnson did not transfer ownership of any shares of Colossus stock to Walton. Walton filed suit against Johnson for breach of contract. Will Walton's suit against Johnson be successful?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Consumer Law, Warranties Can someone help me with will this breach of contract be successful?
- Thread Starter singlima
- Start date
- Status
jharris352
New Member
I take it I'm doing your law school homework.
First the contract could fail because of the Statute of Frauds. Too much money involved to be and oral contract.
Second the contract could fail because there is arguably insufficient consideration on the part of Walton. Marrying someone is hard to show as consideration. What benefit was it to Johnson?
Third, like I was telling someone else, that promise is aspirational not contractual.
Now there would certainly be room to sue and unless Johnson denied making the statements at all I doubt he could get summary judgment. However I think the breach of contract action would fail for lack of good and adequate consideration.
Do I get an A?
PS: I just turned someone else down for a hypothetical like this but this one was a little more real life and could actually help someone.
First the contract could fail because of the Statute of Frauds. Too much money involved to be and oral contract.
Second the contract could fail because there is arguably insufficient consideration on the part of Walton. Marrying someone is hard to show as consideration. What benefit was it to Johnson?
Third, like I was telling someone else, that promise is aspirational not contractual.
Now there would certainly be room to sue and unless Johnson denied making the statements at all I doubt he could get summary judgment. However I think the breach of contract action would fail for lack of good and adequate consideration.
Do I get an A?
PS: I just turned someone else down for a hypothetical like this but this one was a little more real life and could actually help someone.
jharris352
New Member
Always happy to help the new plebs in Contracts. It can be a bear of a course.
- Status
Share this page
