Contract Law: Hamer v. Sidway Case & Court Decision

Facts

William E. Story II was given a promise by his uncle to be paid $5,000 which translates to $72, 000 in today’s dollars rate under conditions that he refrained from drinking, using tobacco, swearing, and playing cards for money till he was the age of 21 years. To all, the boy agreed, and upon reaching the age of agreement, he preferred the money to remain in his uncle’s account as advised by him on conditions that it earned interest.

We will write a
custom essay
specifically for you

for only $16.05 $11/page
308 certified writers online
Learn More

William E. Story Sir, however, died twelve years later before he had closed the deal with his nephew. The executor ( Sidway) on the uncle’s side, however, after the uncles’ death refused to pay Hamer (William E. Story II representative in court) the money plus the interest earned claiming that the boy’s case had no valid consideration for the promise. This case was, therefore, filed in the court of law to determine whether William E. Sir qualified to be given the money as claimed.

Issue

Is a waiver of any legal right at the request of another party a sufficient consideration for a promise?

Answer: Yes.

Courts Rationale

The court considered that there was a promise made to the nephew. Any damage, or suspension, or forbearance of the right was sufficient to sustain the promise. It was, therefore, true that the promise was using tobacco, drinking liquor, and playing card of which he had a right to do so. However, the promise made him refrain from these characters, therefore, denying himself some of his rights. It was, therefore, a legal right that the nephew was awarded his price as promised by the uncle.

Significance of the Case

This case ruling is significant in the formation of contracts today, including those made online. For it to be valid and binding, a legal consideration must be given.

Print Сite this

Cite this paper

Select style

Reference

StudyCorgi. (2021, January 27). Contract Law: Hamer v. Sidway Case & Court Decision. Retrieved from https://studycorgi.com/contract-law-hamer-v-sidway-case-and-amp-court-decision/

Work Cited

"Contract Law: Hamer v. Sidway Case & Court Decision." StudyCorgi, 27 Jan. 2021, studycorgi.com/contract-law-hamer-v-sidway-case-and-amp-court-decision/.

1. StudyCorgi. "Contract Law: Hamer v. Sidway Case & Court Decision." January 27, 2021. https://studycorgi.com/contract-law-hamer-v-sidway-case-and-amp-court-decision/.


Bibliography


StudyCorgi. "Contract Law: Hamer v. Sidway Case & Court Decision." January 27, 2021. https://studycorgi.com/contract-law-hamer-v-sidway-case-and-amp-court-decision/.

References

StudyCorgi. 2021. "Contract Law: Hamer v. Sidway Case & Court Decision." January 27, 2021. https://studycorgi.com/contract-law-hamer-v-sidway-case-and-amp-court-decision/.

References

StudyCorgi. (2021) 'Contract Law: Hamer v. Sidway Case & Court Decision'. 27 January.

Copy to clipboard

This paper was written and submitted to our database by a student to assist your with your own studies. You are free to use it to write your own assignment, however you must reference it properly.

If you are the original creator of this paper and no longer wish to have it published on StudyCorgi, request the removal.

Psst... Stuck with your
assignment? 😱
Susan
Online
Psst... Stuck with your assignment? 😱
Do you need an essay to be done?
Yes
What type of assignment 📝 do you need?
Yes
How many pages (words) do you need? Let's see if we can help you!
Yes