Answer these 4 cases. 50 words for every question. very simple answers
Mr. Miller and Mrs. Miller entered into a marriage contract. Mrs. Miller promised to refrain from scolding, fault finding, getting angry, and to promote peace and harmony. In addition, she promised to keep her home and family in a reasonably good condition. In return, Mr. Miller promised to provide for the necessary expenses of the family, and to pay his wife an annual amount of $ 200.–. Mrs. Miller filed suit against her husband, claiming that while spending money on other women, he failed to pay to her the amounts due under their contract. Please discuss the enforceability of this contract.
Stewart asks Jerry, a painter, to paint his house for him and Jerry agrees. They agree that Jerry will be paid on an hourly basis and when Jerry is finished, he submits a bill to Stewart for 100 hours of work. There is now disagreement between them on the hourly rate agreed to. Stewart honestly believes that an hourly rate of US-$ 50.– was agreed to and that therefore he owes Jerry US-$ 5,000.–; Jerry honestly believes that they agreed to an hourly rate of US-$ 70.– and therefore he is entitled to US-$ 7,000.– After much arguing, Stewart and Jerry agree that Stewart will pay to Jerry US- $ 5,500.– and that they will then “forget the matter”. Stewart pays Jerry US-$ 5,500.– and Jerry now brings suit against Stewart for US-$ 1,500.– – please discuss.
10. Amy runs an ice-cream store in Jackson Town, a small town in southern California, as does Holly. As the town is too small for both of them to run a profitable business, Amy calls Holly and suggests the following: Holly will close her store and agrees not to compete for 8 years within the State of California for which Amy will pay $ 10,000.– down and $ 5,000.– on January 1 of each of the coming 8 years. Holly agrees and so Holly and Amy shake hands on the deal. – 6 – Amy pays the $ 10,000.– down and pays $ 5,000.– on January 1 of each of the first three years. Then, however, Holly opens an ice-cream store just one mile away. Amy files a suit and seeks an injunction against Holly – please discuss.
11. Joan is a school teacher in a small town. On June 1Peter goes to Joan and says the following: “If you do not pay me U.S. $ 3,000.– I will tell the school principal that you were once arrested for using drugs!” Joan was, in fact, never arrested for drugs. Still she is worried that such accusation might cause her to lose her job or at least her reputation in the small town. Joan agrees to pay U.S. $ 3,000.– to Peter, but does not have any money available. Since she is receiving her pay check on June 30 she signs the following statement. “I, Joan, promise to pay to Peter U.S. $ 3,000.– on June 30.” Peter owes Carl U.S. $ 5,000.–. In partial payment of his debt to Carl, Peter assigns to Carl his rights against Joan. When Carl arrives at Joan’s house on June 30 demanding payment, Joan says to him: “I refuse to pay.”
Can Carl obtain payment against Joan?