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?
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.
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