Question

William E. Story agreed to pay his nephew, William E. Story II, $50,000 if he refrains from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he should come to be 21 years of age. William E. Story II refrained from all the things his uncle listed until he was 21 years of age. Shortly after his 21^st birthday, William E. Story died. His executor refused to pay the money. He believed that there was no contract because there was no consideration. Using IRAC, how would you decide this case?

Answer 1

Issue= Whether there were consideration and a valid contract between the two parties?

Rule= Consideration is something that is made between two parties to sacrifice something in order to let the other party o a certain task.

Benefit-detriment methods= Expressing consideration in the form of the benefits received by the person who makes the promise or the detriment resulting from the action of the promisee.

Analysis= In the case, a promise was made by William E. Story to pay his nephew a sum of $50,000 if he refrains from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he should come to be 21 years of age. All these things were not one by the nephew until the age of 21 years. In this case, there is a consideration in the form of leaving the tobacco, swearing, and playing cards or billiards for money for a certain period of time and in return the money has to be paid.

Conclusion= If we look at the case, there is a proper consideration between the two parties and thus the contract is termed as valid as the nephew di all that was expected from him in the contract. So  William E. Story has to pay the promised sum to the nephew  William E. Story II