Legal Question in Civil Litigation in Pennsylvania

consideration

If I ask you to drive my car in a race and you accept, than your friend Joe says '' I will pay you $2,000.00 if you win the race.(unilateral agreement promise for and act) and you win the race. But when it comes time for Joe make good on the promises he does not. You take Joe to court, for breach of contract. Joe contends thatno legally binding contract had been formed because he rec'd no consideration from you for his promise to pay you $3,000.00. '


Asked on 5/01/07, 11:14 am

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: consideration

A law school hypo if I ever saw one. It goes to a pre-existing duty.

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Answered on 5/01/07, 11:29 am
John Gibson John W. Gibson, Esquire

Re: consideration

Get Joe to put it in writing:

33 P.S. � 6. When written instruments without consideration valid

A written release or promise, hereafter made and signed by the person releasing or promising, shall not be invalid or unenforceable for lack of consideration, if the writing also contains an additional express statement, in any form of language, that the signer intends to be legally bound.

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Answered on 5/01/07, 12:21 pm


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