Jan and Dean were married 10 years ago. At the time of their marriage, Dean was the president of a successful advertising agency, and Jan owned a gym. Several months after their marriage, Jan became ill and was unable to work. She asked Dean to devote full time to the gym. If he would agree, they would operate the business together, share equally in the ownership of its assets, and divide any profits equally. Dean agreed and terminated his advertising agency business. Ten years later, Jan divorced Dean and denied him any rights to the gym. The law firm where you work as a paralegal represents Dean.

CASE SCENARIO REVISITED

What you have learned about enforceability will help you understand Dean's rights to the gym in this chapter's case scenario. Did consideration exist in Jan and Dean's agreement? Take a look at Penley v. Penley, 332 S.E.2d 51 (N.C. 1985), to aid you in your answer.

• Summarize the case and highlight relevant facts.
• Did consideration exist in Jan and Dean's agreement?
• Document whether the contract was enforceable according to the requirement of consideration.