Всё для Учёбы — студенческий файлообменник
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Студенческий документ № 015525 из ВАВТ

Problem solving (an example):

Facts: Amanda is walking down Massachusetts Avenue near American University. Max is walking in the opposite direction and just before he passes Amanda, he sees a car swerving toward her. He throws Amanda out of the way and is hit by the car himself, suffering serious injuries. Amanda tells Max (in the hospital) that she will give him $ 10 000 for his efforts to save her. When Max gets out of hospital, he asks Amanda for the money. She pretends that she does not know him.

Issue: Can Max sue?

In this case Max is a plaintiff and Amanda is a defendant. The facts of the case are as follows: the P. was walking down a street when he saw a car swerving toward the D. who was nearly hit by it. The P. threw the D. out of the way and was himself hit by the car. He suffered serious injuries. While in hospital, the P. was promised $10 000 by the D. for his efforts to save her. But when the P. got out of hospital the D. pretended that she did not know him and did not keep her promise. The issue raised by the case is whether the D. has grounds for a lawsuit.

The case applies to the law of contracts. In order to answer the question we need to determine if a valid and binding contract was formed by the parties.

First of all it is necessary to remember that in common law an agreement is not usually binding unless it is supported by one of the essential elements of a contract called consideration. It is also important that consideration in common law must meet certain requirements. One of them is that in order to be valid, consideration must not be past and must be given in return for the promise or act of the other party. If one party has completed performance before the other offered consideration, then it is unlikely that the earlier performance was done in return for that consideration. So we can come to the conclusion that the D'S promise to pay $10 000 is not contractually binding since the act for which it was made - rescue of the D. by the P. - has already been completed.

Answer: So, in my opinion, Max can sue but he will lose the case as there was no enforceable contract between him and Amanda and hence no grounds for a lawsuit.

Показать полностью… https://vk.com/doc87649867_312453178
681 Кб, 30 июня 2014 в 13:37 - Россия, Москва, ВАВТ, 2014 г., pdf
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