if you were the Appellate Court Judge, would you uphold the ruling of the lower
ID: 361939 • Letter: I
Question
if you were the Appellate Court Judge, would you uphold the ruling of the lower court or reverse the decision? Why?
The defendant is a nonprofit corporation which operates a licensed home for the aged. Applicants are admitted for a trial period of 2 months. At the end of this period, or earlier if defendant’s board of directors consents, a contract may be executed under which defendant becomes obligated to provide a home for the applicant for the remainder of his/her life. For such life care contract, the applicant pays a lump sum, determined by reference to life expectancy tables.
Plaintiff is decedent's father and the executor of the will, Mr. Says. Mr. Simon, 69 years of age, applied for admission to the home and was accepted on a trial basis. He entered August 1, 2000, at which time he paid $1,300 for his care for the month of August. On August 31, 2000, he paid a like amount for the month of September.
On September 10, 2000, the board of directors by a motion of its agent, Mr. Gaffney, duly accepted Mr. Simon's application for permanent residence and directed that a life care contract be granted upon payment of $60,000.
The contract was drawn by Mr. Gaffney and dated October 1, 2000. Mr. Simon signed it September 25, 2000, and at the same time delivered to Mr. Gaffney a cashier’s check for $60,000.00. On the same afternoon or the next morning Mr. Gaffney, an authorized officer of the defendant, signed the contract and notified Mr. Simonm that a signed copy was available for him in the office. The contract was thus executed and in force as of September 26, 2012.
Mr. Simon suffered a stroke on September 27, 2000, and died on September 28, 2000.
Plaintiff executor brought this action to recover the payment of $60,000.00. After the trial before the court without a jury, judgment was entered in favor of the defendant, and now plaintiff, Mr.Says, appeals.
Explanation / Answer
If i were the Appellate court judge, i would not reverse the decision of the lower court, and rather support or uphold the decision of the lower court.
Mr. Simons had suffered from a stroke next day of the contract agreement, and died the next day. Although Mr.Simons had hardly used the services of home after payment, he came in terms with the corporation before his death. Once an agreement is made, it should be cancelled, because that agreement is a life contract, based on life expectancy tables. Unfortunately he died much before, which was completely unexpected and a natural death. So, Simon's son does not have the right to take back the money.
Also, it was no where written in the agreement that the corporation will give back the money in case of the death. Mr.Simons was satisfied with the 2-month trial period and applied for life long stay. So, the money paid against the agreement by Mr.Simons will not be returned back to his son. And his son has no right to demand the money from the corporation, when he could not look after his father when he is alive. So, even though Simons dies the next hour after the agreement, the money belongs to the corporation.
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