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Hypothetical Due 4/19/18

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PostPosted: Tue Apr 17, 2018 4:33 pm    Post subject: Hypothetical Due 4/19/18 Reply with quote

Frasier died leaving all his property to his wife, Laura. The will stipulated if she choose this bequest ($ left to her) she must give up all interest in any of their assets they had accumulated during their lifetime together. To ensure that she received this bequest she needed to file a waiver with the Court regarding the assets. Lena hired her brother, Carter, an attorney, to handle all the legal requirements. Carter failed to file the waiver. Therefore, Laura would not receive the money left to her by the Will but instead would receive the assets accumulated during the marriage to Frasier. Laura had to decide if she would file the lawsuit against her brother for his professional negligence (malpractice.)

Carter to persuade her not to sue him, came up with a scheme to use an escape clause by filing Court documents to reinstate her right to file a late waiver. He had Laura agree to this scheme with the provisions that appeared in this signed contract:

“This is to advise and confirm our agreement—that in the event this lawsuit does not provide you with your share of the estate, as given to you under the will of Frasier, I
personally will make up any balance to you. And you will agree not to file a suit against me for professional negligence.”

Carter did not succeed in this scheme (Laura was the loser.) Laura then tried to enforce her contract against Carter, he alleged that the contract was not enforceable because it was not supported by valid consideration. Who wins?
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