PROBLEM 2-5

To get a much more tangible understanding of how the benefit/detriment test and bargain-theory of consideration work, apply both consideration tests to the hypotheticals below and decide if consideration exists under either or both tests.

(a)Malak and Kim are college classmates. Malak promises to pay Kim to tutor her (Malak) in Spanish for three months. Kim agrees. Two weeks after the Spanish lessons start, Malak decides she doesn't have time for the Spanish lessons and tells Kim she is cancelling them.

(b)Geoff promises his estranged daughter, Frankie, that if she flies to Paris to meet him, he will pay for the entire trip. Frankie agrees. After meeting with his daughter in Paris, however, Geoff has a change of heart and refuses to pay for Frankie's trip.

(c)Kennedy, a senior partner in a large firm promises Quinn, one of the associates working with her on a big case, that if Quinn meets her for lunch at an expensive restaurant, she will pay for the meal.

After lunch, Kennedy refuses to pay for the meal. (d)Alanna, who was newly homeless, persuaded her cousin, Winston, who lives five hours away from her, to agree to let her stay in the small guest house on his property for a month. Winston agrees to let Alanna stay because Alanna had helped him get through college several years earlier. When Alanna arrives at Winston's house after borrowing money to make the trip, however, Winston refuses to let her onto the

premises. (e)Willow and Ting are best friends. Willow agrees to help Ting

pack and move to another apartment. For her help, Ting agrees to house sit Willow's cat for two weeks. But after the move is complete, Ting refuses to house sit Willow's cat.