Question: James' uncle decided to give him $5000 should he refrain from using illegal drugs. The uncle later decides not to pay. James decides to
James' uncle decided to give him $5000 should he refrain from using illegal drugs. The uncle later decides not to pay. James decides to sue - will he be successful? Yes, according to Hamer v. Sidway, a valid promise was made and James should recover. No, according to Hamer v. Sidway, a valid promise was not made and James should not recover. Yes, according to the pre-existing duty rule, a valid promises was made and the uncle was under a duty to perform. No, according to the pre-existing duty rule, James is already under a duty not to take illegal drugs and thus there is no valid contract.
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