High School

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Benton was talking to his brother about the upcoming graduation from high school of Trieste, his brother’s daughter. Benton mentioned he had been thinking about buying her a motor scooter as a graduation present. Benton’s brother, concerned about the safety of scooters, offered to pay Benton $1,000 not to do so. Benton, who did not have the money to buy the scooter at the present time, accepted.

Is there consideration for the brother’s promise to pay the $1,000? If so, what is it?

Answer :

Final answer:

There is consideration for Benton's brother's promise to pay $1,000 because Benton has agreed not to do something he has the legal right to do, which is a form of consideration known as forbearance.

Explanation:

Yes, there is consideration for Benton's brother's promise to pay $1,000. In legal terms, consideration refers to something of value that each party agrees to give or perform as part of a contract. In this scenario, Benton’s promise to refrain from buying the motor scooter for his niece represents a forbearance to act.

Forbearance to act, when one party agrees not to pursue a certain course of action, is a recognized form of consideration. Therefore, by agreeing not to buy the motor scooter, which he has a legal right to do as a gift, Benton has provided valid consideration.

His brother's concern for safety is the motivation behind the offer, but the element of consideration is the agreement from Benton to not buy the scooter in exchange for the $1,000.

Yes, there is consideration for the brother's promise to pay $1,000.

In contract law, consideration refers to something of value that is given in exchange for a promise. Both parties must provide consideration for a contract to be valid.

In this case, Benton's brother offered to pay $1,000 in exchange for Benton not buying his niece a motor scooter. Benton accepted this offer, creating a valid contract. The consideration for the brother's promise is the $1,000 payment.

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