For this assignment, read the scenario and answer the questions below in paragraph format.
Amy’s brother Bob has financial problems. Bob was advised by his financial planner and his lawyer that he will not be able to free himself from his problems, and rebuild his credit until he pays a past due debt owed to the IRS. Amy had no financial interest in his welfare, but decided to make a contract with him.
To induce Bob to get his affairs in order, Amy promised to drive Bob’s old car in a demolition derby at the county fair this month. In return Bob promised to pay the IRS.
Amy has now driven in the demolition derby. She lost, but completed the event. Bob refuses to fulfill his promise. He claims that the agreement implied that she win the derby, even though there was no mention of winning.
Bob also claims that the consideration is invalid, that it is illegal, vague and unreasonable. Bob claims that there was no contract, just an exchange of sham promises. He claims that Amy’s promise was of no benefit to him because he had no financial stake in the demolition derby unless she won and split a prize with him. Bob also claims that Amy will receive no benefit if he pays the IRS. Bob claims that it is illegal for a court to condition a contract on a loss in a contest like the demolition derby, although he can’t find a statute or case that says it is illegal.
Respond to Bob’s claims. Quote applicable portions of your readings, and then rephrase them. Use citations for both the quotations and rephrases. Then, apply the concepts you found to the scenario, in your own words.
- The essay should be one to two pages in length and include at least three in-text citations.