Summary
In the legal system, a breach of promise might take one into personal liability if they fail to honor what they had committed themselves to do. Considerations serve the aspect of making a promise to be a formal contract, and it assists one in avoiding rash promises (Stone & Devenney, 2022). Thus, consideration is a matter bargained for and acknowledged by a promisor from a promisee. In the case study, Tom is the promisee, while David is the promisor in this case. This paper determines the consideration, whether it existed, and the possible court ruling.
The Consideration
The consideration is the reimbursement that David was to offer Tom for the expenses incurred while paying for David’s parent’s clinical costs. The consideration does not exist legally despite Tom having receipts that show various purchases that the court will determine the case. It is important to note that the promise to reimburse Tom decided to help personally, but the matter remains an exchange for past consideration, which was never agreed upon formally. Therefore, one must understand that Tom had not bargained for reimbursement before embarking on the furnishing of David’s parents.
Possible Ruling
The possibility of Tom losing the case is high since he did that out of his initiative without expecting someone to pay him back later. The two did not sign any contractual agreement before the medical purchases started. Ostensibly, David can disregard the issue because Tom’s act of common good was similar to a gift given to someone without expecting to be refunded the cost. Thus, the court cannot apply legal measures to force David to pay Tom unless the two agree and implement the matter outside the court.
Reference
Stone, R., & Devenney, J. (2022). The modern law of contract. Routlegde.