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R’s wife K expressed the wish that R, if he survived her, should have the use of her house. After K’s death her executor agreed to allow R to occupy the house a) because of K’s wishes and b) on the payment by R of $24 per year
R seeks to enforce this agreement and the Executor wishes to avoid it in order to sell the house. What is the legal position?
a) R can enforce the agreement on the basis of his deceased wife’s wishes
b) R cannot enforce the agreement because the promise to pay is not consideration
c) R can enforce the agreement because the promise of $24 per year provides consideration for it
d) R cannot enforce the agreement because the promise of $24 per year is not sufficient consideration.Correct answer is C, but please explain me other 3 options also. Also why the answer cannot be a)? Because there is an exception to privity of contract, that when a person dies all of his contracts can be enforced by his successors who are 3rd parties to original contract.
Somebody’s “wishes” is not sufficiently certain to be enforceable
A promise to pay IS (executory) consideration … and it is sufficient to merit the title consideration
The law (courts) are not concerned with adequacy … so long as a promise has a value then it is sufficient to merit the title consideration
“A peppercorn has a value and, even though the recipient may not like pepper and throws away the corn, it still has a value”
OK?
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