Asked by Kelsey Brianne on Jul 15, 2024
Verified
Dean, the president of Billing & Credit Company, promises to pay his employee Ewing, who is dangerously obese, $10 for every pound that he loses within the next two years. Ewing agrees, diets and exercises, loses 154 pounds, and asks Dean for $1,540. Dean refuses to pay, saying that he does not remember the promise, but that even if he did make it, there was no consideration, and Ewing's improved health is a sufficient benefit for his effort and sacrifice. Ewing files a suit against Dean. In whose favor is the court likely to rule, and why?
Consideration
Something of value that is exchanged between parties in a contract, making the agreement legally binding and enforceable.
Dangerously Obese
A condition characterized by an extremely high body mass index (BMI), posing serious health risks.
Improved Health
Enhancements or positive changes in physical or mental well-being, often as a result of specific interventions or lifestyle changes.
- Analyze the concept of consideration and its role in validating agreements.
Verified Answer
MT
Monica ToscanoJul 17, 2024
Final Answer :
A court is most likely to rule against Dean and in favor of Ewing. Generally, a waiver of a legal right in this case, the right to eat to obesity at the request of another party is sufficient consideration to support a promise.
Here, Ewing provided legally sufficient consideration by losing 154 pounds in weight over the stipulated two-year period. The promise in the question was the payment of $10 for every pound lost. It does not matter that the performance-the loss of weight-also benefited Ewing.
Here, Ewing provided legally sufficient consideration by losing 154 pounds in weight over the stipulated two-year period. The promise in the question was the payment of $10 for every pound lost. It does not matter that the performance-the loss of weight-also benefited Ewing.
Learning Objectives
- Analyze the concept of consideration and its role in validating agreements.