American Contract Law for a Global Age, 2017a

McGowin’s adult child, would that have been a “material” benefit? Or would the case
fall under Mills v. Wyman?
Review Question 7. Mrs. Harrington saved a man from being hit by an axe
wielded by an angry third party. She lost. Mr. Webb simply stopped dropping a heavy
block on a man. He won. Can you reconcile the two cases? If so, how?
Review Question 8. Suppose McGowin, when he saw Webb fall, instead said,
“Webb, you clumsy oaf, you almost hit me! Next time, be more careful—you’re getting
blood on my shoes!” Instead of promising to pay Webb, McGowin demands that he
pay to remove the stains from the leather. Does McGowin owe anything to Webb? If
not, why is it different if he just acts like a nice guy and makes a promise?
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Problems
Problem 8.1
John is a student who is just about to graduate from medical school. During
medical school he has lived with his long-time girlfriend, Mary, a bookkeeper who has
paid most of his living expenses during the previous three-years. At a party to
celebrate his graduation, John stands up in front of Mary and a group of friends, and
thanks her for all of her support: “Without her financial support, I couldn’t have even
made it through, and without her emotional support I wouldn’t have been able to
succeed the way I have.” To general applause, John continues, “I know that Mary has
always dreamed about going to law school, and I want to thank her for everything
she’s done for me. So in front of you all, I promise that I will support her the way she
supported me, and I’ll pay all of her expenses in law school just the way she paid
mine.” Mary starts to cry, because this was totally unexpected. Everyone hugs each
other. Mary starts thinking seriously about going to school.
Three months later, John meets Elise and leaves Mary. When Mary asks John
to keep his promise, he refuses. Is John’s promise to Mary legally enforceable?
Problem 8.2
Mona was hired to work at a hospital as an at-will employee. Several days after
she started work, she was called into the Human Resources office to do the necessary
paperwork. As part of that process, she signed a variety of documents. The documents
included the following:
I agree to the grievance and arbitration provisions set forth in the
Associates Policy Manual. I understand that I am waiving my right to a
trial, including a jury trial, in state or federal court of the class of
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152 CHAPTER III: CONSIDERATION