Who is suing who in Hamer v sidway?

Louisa Hamer (Plaintiff) brought suit against Franklin Sidway, the executor of the estate of William E. Story I (Defendant), for the sum of $5,000.

What constitutes consideration in a contract?

Something bargained for and received by a promisor from a promisee. Common types of consideration include real or personal property, a return promise, some act, or a forbearance. Consideration or a valid substitute is required to have a contract.

What type of contract requires a promise be exchanged for a promise?

Bilateral Contract
A contract where the parties exchange a promise for a promise is known as a Bilateral Contract, whereas a contract where one party gives a promise and the other party performs an act is known as a Unilateral Contract. These legally enforceable promises may be in writing or oral.

What is the main issue being decided by the court in Hamer v sidway?

Ruling in favor of the plaintiff, the Court held that the right to use and enjoy the use of tobacco was a right that belonged to the nephew-promisee and was not forbidden by law. The abandonment of its use was a sufficient consideration to uphold the promise because such abandonment was the inducement for the promise.

What is the significance of Hamer v sidway?

In Hamer v. Sidway, Exr., 12 L.R.A. 463, the Court of Appeals of New York, in an opinion by Judge PARKER, held that a minor’s abstinence from intoxicating liquors and tobacco, and from swearing or playing cards or billiards for money, is a good consideration for a promise by his uncle to pay him a sum of money.

Is Hamer v sidway good law?

Conclusion: The Court of Appeals of New York reversed the appellate court’s order and affirmed the trial court’s judgment. Ruling in favor of the plaintiff, the Court held that the right to use and enjoy the use of tobacco was a right that belonged to the nephew-promisee and was not forbidden by law.

Is a promise legally enforceable?

A promise is not legally binding, but a contract is. While people of honor and strong moral character strive to keep promises whenever possible, there are no legal repercussions for breaking one the way there are for breaching a contract.

What makes a promise illusory?

An illusory promise is one that is unenforceable. This is due to a lack of mutuality or indefiniteness where only one party is bound to perform. An illusory promise is based on deception or parameters that are indefinite, making it unclear what must be done or if performance is optional.

What is the past consideration rule?

What is Past Consideration? In terms of a contract, past consideration is used to mean a promise or an act that was made or performed prior to a contract. Past consideration typically comes into play when someone is trying to enforce a new promise.