Business Law Assignment Week 4
Running head: WEEK 3 ASSIGNMENT 1
WEEK 3 ASSIGNMENT 2
Considering Elvis
Latoya Bechet
Walden University
BUSI 2001: Business Law
Karen Bond
March 20, 2016
Consideration: Presley vs. Alden
Presley’s promise to assist Jo Alden in paying the mortgage was not enforceable against the estate. The estate was not legally obligated to pay the mortgage. It is Presley who had made a promise toward Jo Alden and not the estate. If Presley had left a will instructing the estate to honor his pledge then, it would have been enforceable. Secondly, Presley was already engaged to Ginger when he made the promise of paying the mortgage, therefore, not legally binding. Goldman and Sigismond (2014) described this type of promise as past consideration. Past consideration is not a consideration because a promise is made after an act has already taken place. Thirdly, a promise focused on affection and love is not enforceable. Presley extended the love that he had for Ginger to her mother, an aspect that is not legally recognized. In a court of law, a moral duty is not seen Comment by Karen Bond: In probate law the estate represents the deceased so they are one and the same Comment by Karen Bond: punctuation Comment by Karen Bond: Why? Comment by Karen Bond: No act had taken place Comment by Karen Bond: According to what source? Comment by Karen Bond: maximum word length reached here.
References
Cornes, D. L., & Winward, R. (2008). Winward Fearon on collateral warranties: For construction contracts. Chichester: John Wiley & Sons. Comment by Karen Bond: Not applicable
Goldman, A., & Sigismond, W. (2014). Business law: Principles and practices (9th ed.). South Western: Cengage Learning. Comment by Karen Bond: Not in APA
Answer
Given that this was based on a true set of facts, the first thing you should have done was look up the case so your answer would be correct.
Alden v. Presley, 637 S.W.2d 862 (1982)
Facts. Elvis Presley, a singer of great renown and a man of substantial wealth, became
engaged to Ginger Alden. He was generous with the Alden family, paying for landscaping
the lawn, installing a swimming pool, and making other gifts. When his fiancée’s mother,
Jo Laverne Alden, sought to divorce her husband, Presley promised to pay off the
remaining mortgage indebtedness on the Alden home, which Mrs. Alden was to receive in
the divorce settlement. On August 16, 1977, Presley died suddenly, leaving the mortgage
unpaid. When the legal representative of Presley’s estate refused to pay the $39,587
mortgage, Mrs. Alden brought an action to enforce Presley’s promise. The trial court
denied recovery. Mrs. Alden appealed.
Issue.
Was Presley’s promise to pay the mortgage enforceable?
Opinion. Fones, Justice. In the instant case, the trial court held decedent did make a
promise unsupported by consideration to plaintiff, that no gift was consummated for
failure of delivery, that plaintiff suffered no detriment as she “wound up much better off
after her association with Elvis A. Presley than if he had never made any promise to Jo
Laverne Alden.” The court of appeals concurred in the finding that there was no gift for
failure of delivery, holding that delivery is not complete unless complete dominion and
control of the gift is surrendered by the donor and acquired by the donee.
Holding. The state supreme court held that Presley’s promise was a gratuitous
executory promise that was not supported by consideration. As such, it was
unenforceable against Presley’s estate. The court dismissed the case and assessed costs
against the plaintiff.
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