The first assignment

The question is whether a contract that Angelina can enforce is or not. If there is a contract that Angelina’s uncle should pay $10,000 to Angelina. Otherwise, Angelina’s uncle is not obliged to pay.

Basically, for a legally binding contract to be formed five elements must exist. These are: an offer and an acceptance (which together makes up an agreement), consideration, the intention to create a legal relationship, capacity to contract and where applicable formalities. In Curris v. Misa [1857] LR 10 Ex. 153 [1874-80] All ER 686 consideration was defined as “some right, interest, profit or benefit accruing to one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”. The law recognizes as sufficient to support the promise unless there are any benefit to the promisor or detriment to the promisee. It means, Angelina receiving the benefit ($10,000) must also give some sort of benefit to her uncle. However, Angelina’s uncle receives no benefit from Angelina in this case. Thus there is an agreement but it lacks consideration.

Therefore, the issue between Angelina and her uncle is not a contract and hence Angelina’s uncle is not bound to pay $10,000 to Angelina, Angelina can not enforce the promise.

The result is : Good girl , Good try, but try again