While on vacation, Bill saves the life of Fred\'s wife Sally when she slips and
ID: 354971 • Letter: W
Question
While on vacation, Bill saves the life of Fred's wife Sally when she slips and falls off the deck of an aquarium into a shark infested pool. Bill dives into the water and saves hers life. Sally orally promises to leave Bill $10,000 in her will. However upon the death of Sally she had no property except for the home she shared with her husband jointly). After Sally dies, Fred signed and delivered to Bill the following instrument: "In consideration of Bill saving my wife's life and his agreement to bring no claims against my estate based on her will, I hereby promise to pay Bill $10,000." Upon Fred's death, Bill filed a claim for $10,000. Fred's executor contested the claim on the ground that the promise to pay was enforceable. ASSIGNMENT: Who should the rule in favor of and under what legal theory? Fully explain citing all sources utilized.
Explanation / Answer
In this specific situation there is no claim can be done on the death of Sally estimate and oral contract without any witness and she is not alive to tell about that specific contract in the court. There is no such proof of the promise that is made by Sally which directly reduces or neglect the chances of the specific contract to be awarded. According to the law of oral contract that should be some sort of evidence or the contract making parties should agree on the specific situation for the formation of the contract.
As Bill was delivered a note after her death, in which fred wrote about the specific information regarding shifting the claim to his death.
In this specific situation Bill definitely has and authority of getting $10,000 from Sally's estate. As written form of the instrument was a proper proof of the contract made between Sally and bill and Fred does not own any kind of authority to shift the specific claim to his death.
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