AAS Contract

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Elisabeth Haub School of Law Pace University *

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Apr 3, 2024

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Hayley Margulis AAS- Contract MEE Sam may be able to assert contract formation, moral consideration, or promissory estoppel to recover all or some portion of the $1,000. The issue is if Sam has a valid claim against Resident to sue to recover all or some of the $1,000 under contract formation. A valid contract forms when there is an offer, an acceptance, and bargained-for consideration. Consideration is a deal in which the parties exchange promises involving a legal detriment or benefit. Here, Sam would not be able to recover because there was no bargained-for consideration. Resident’s offer of a gift of $1,000 to Sam for rescuing his dog was past consideration which in this case, does not conform to contract consideration standards. Resident also did not make the promise to pay $1,000 in exchange for Sam’s promise to apply to paramedic training. Since consideration is necessary to have a valid and enforceable contract, Sam’s claim here would fall short, and he would not be able to recover. The next issue is if Sam could recover all or some of the $1,000 under the theory of moral consideration. Moral consideration is past consideration when the promisor’s motivation for making the promise is a past benefit that he received that gave rise to a moral, but not legal, obligation to compensate. Here, Resident promised to give Sam $1,000 for rescuing his dog. Since this gave rise to a moral obligation to pay based on past consideration, Sam may have a viable claim against Resident to recover the $1,000. However, Resident can argue that Sam wanted to receive a gift if he saved the dog, which would not fall under the moral consideration rule. Here, there are no clear facts if Sam wanted a gift from Resident for rescuing the dog or if Sam’s moral conscience led him to rescue the dog on his own grounds. Even though a court finds that Sam did not intend to receive a gift for his actions, a court can limit his recover if they find that the $1,000 is excessive for his actions. The next issue is if Sam could recover all or some of the $1,000 under the theory of promissory estoppel. Promissory estoppel can arise when one party makes a promise, and the other party relies on that promise to take some action. The elements of a claim for reliance under promissory estoppel is that the promise made would reasonably expect to induce reliance, the promise takes detrimental action in reliance of the promise, and injustice can only be avoided by enforcement of the promise. Here, Resident promised to pay $1,000 to Sam to attend paramedics’ school. Sam detrimentally relied on this promise by applying to school but getting rejected and instead, incurring debt by applying to cosmetology school. Although Sam detrimentally relied on Resident’s promise, a court can find that it was not a reasonable reliance because the promise was not for cosmetology school. However, Sam can argue that even though Resident said he wanted to help with paramedic school, Resident also said that he wanted to compensate Sam for his heroism and for saving his dog. Sam could have reasonably interpreted this to mean that the $1,000 that was promised would be for compensation and not a conditional on Sam going to paramedic school. Since Sam is now in debt for $1,000 for applying to cosmetology school, a court can find that Resident would be required to pay Sam that amount of money in order to avoid injustice.

Self-Reflection: For the MEEs, I feel like I am not as confident as the MPTs. The MEEs don’t tell you what to be looking for and what to be analyzing while the MPTs almost word for word tell you exactly how to analyze the problem. I think once I am more confident with the actual material, they will become easier and more manageable. However, for this MEE, the one thing I did differently was write down every contract theory or law I could think of that would relate to this issue and then once I started writing, it got easier what actually fit into the scenario. I am not sure how I would go about these problems though if I was so stuck and did not know anything about the subject that was being asked.

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