Kirksey v. Kirksey
(Consideration v. Gratuitous Promise) (Gift not binding when
conditions are not bargained for)
FACTS
-P writes to D making promise that if P moves from her house to D’s lot, D will give her a
place to raise family.
-P abandons possessions, moving to D. 2 years later, D requires her to
move.
-Court holds that the original promise unenforceable.
RULES/ANALYSIS
-D’s promise was a mere gratuity and lacked consideration.
-P moving her family is a necessary precondition for her to receive the gift
that D offered her.
-Gifts do not carry consideration, even when acceptance requires the recipient to take efforts
and/or make sacrifices.
-A necessary condition of a gift is not a detriment for a promise.
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(Consideration v. Gratuitous Promise) (Gift not binding when
conditions are not bargained for)
FACTS
-P writes to D making promise that if P moves from her house to D’s lot, D will give her a
place to raise family.
-P abandons possessions, moving to D. 2 years later, D requires her to
move.
-Court holds that the original promise unenforceable.
RULES/ANALYSIS
-D’s promise was a mere gratuity and lacked consideration.
-P moving her family is a necessary precondition for her to receive the gift
that D offered her.
-Gifts do not carry consideration, even when acceptance requires the recipient to take efforts
and/or make sacrifices.
-A necessary condition of a gift is not a detriment for a promise.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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