Question
Jan and Dean married 10 years ago. At the time of their marriage, Jan was the president of a successful advertising agency and Dean owned
Jan and Dean married 10 years ago. At the time of their marriage, Jan was the president of a successful advertising agency and Dean owned a gym. Several months after their marriage, Dean became ill and was unable to work. He asked Jan to devote full time to the gym. If she would agree, they would operate the business together, share equally in the ownership of its assets, and divide any profits equally. Jan agreed and terminated her advertising agency business. Ten years later, Dean divorced Jan and denied her any rights to the gym. The law firm where you work as a paralegal represents Jan.
ReviewPenley v. Penley, 332 S.E.2d 51 (N.C. 1985) to and then respond to the following questions:
- Did consideration exist in Jan and Dean's agreement?
- Document whether the contract was enforceable in the State of Nevada according to the requirement of consideration.
- Does the contract's enforceability change based on whether the contract is in writing or only verbal? Does it matter if Dean contests Jan's description of the contract?
- Would the outcome be different if Jan filed for divorce instead of Dean?
- Would the outcome be different if they were married in California instead of Nevada?
- Do you agree with the outcomes in the scenarios above? Explain why or why not for each scenario as needed.
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