American Contract Law for a Global Age, 2017a

Vincent refuses. Fritz eventually sues Vincent, claiming that Vincent breached their
contract by never painting Fluffy. Assume that if Vincent had painted Fluffy, the
painting would be worth about $250,000. Vincent defends on the ground that there
never was a contract because Fritz’s promise was illusory.
Who should prevail, Vincent or Fritz? Why?
Problem 7.3
Michael and Hildegard were married and lived in California. A few years after
the marriage, Michael began having heart problems and he was admitted to the
hospital several times. He became terrified that he would have to be put in a nursing
home. He orally promised Hildegard that if she would “care for [him] in his home, for
the duration of his illness,” he would leave to her a substantial amount of property
that she would not ordinarily be entitled to inherit on his death. She cared for him,
but he never changed his will, and the property went to his daughter by his first
marriage. Upon his death, she sued the estate to get the property. The estate argued
that there was no consideration for her promise, because under California law
spouses owe each other duties of support and care that cannot be disclaimed. Was
there consideration for Michael’s promise? Why or why not?
Problem 7.4
(a) Jules owns a men’s clothing store in New York. One bitterly cold day, while
coming out of his bank, he sees a homeless man walking without a coat. He tells the
man, “Look, if you come by my shop this afternoon, I have a coat that I will give you.”
That afternoon, the man walks the three blocks to Jules’s shop. Is Jules bound to give
him the coat, or can he change his mind without legal consequences?
(b) Same facts, except that the homeless man is sitting on a heating grate
outside of Jules’s expensive haberdashery, causing customers to walk past without
going inside. Jules tells the man, “If you will go somewhere else for the day, I will
give you a coat when you come back at seven when the store closes.” The man leaves
and goes to another grate three blocks away. Is Jules bound to give him the coat if he
returns to the shop at seven?
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134 CHAPTER III: CONSIDERATION