Consideration does not require counteroffers. Students may equate bargained-for with haggled-over. A simple example can demonstrate the
Question:
Consideration does not require counteroffers. Students may equate “bargained-for” with “haggled-over.” A simple example can demonstrate the meaning of “bargained-for” in this context: Curt offers to mow Pedro’s lawn once a week for $50 beginning May 1 and ending November 1. Pedro accepts. Where is the bargained-for exchange? Curt promised to mow Pedro’s lawn to induce Pedro to promise in return to pay Curt $50 a week. Pedro responded to Curt’s inducement by promising to pay Curt $50 per week if Curt mows Pedro’s lawn.
To determine whether there was a bargained-for exchange, students should ask “did the offeree make its promise or tender its performance in response to the offer?” One St. Patrick’s Day, Mark Trieste was walking on the beach when he saw a body in the sand. Trieste reported the body to police. Police identified the body as that of 21-year-old Brian Wilson, who had been missing since New Year’s Eve. Distraught over his disappearance Wilson’s family had offered a $25,000 reward for information leading to his whereabouts. When Trieste found the body and notified police he did not know about Wilson’s disappearance or the offer of reward money. Looking at these facts strictly as a matter of contract law, is Wilson’s family obligated to pay Trieste the reward?
Questions:
1. What kind of contract did the reward offer seek to form—bilateral or unilateral?
2. Trieste’s information led to discovery of Wilson’s body. What is the family’s argument that it has no obligation to pay the reward?
3. What is Trieste’s response to this consideration argument?
Step by Step Answer:
Business Law and the Legal Environment
ISBN: 978-1337736954
8th edition
Authors: Jeffrey F. Beatty, Susan S. Samuelson, Patricia Sanchez Abril