Will charade make the uncle promise enforceable

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Reference no: EM131908384

Question: People often change the form of a promise in an attempt to increase their certainty that courts will enforce it according to its terms. For example, suppose the rich uncle in Example 1 wanted to assure his nephew of the enforceability of the promise of a trip around the world. He might do this by changing the form of the promise from a gift to a bargain. According to tradition, the uncle would solemnly offer to give his nephew a trip around the world in exchange for a peppercorn from the dinner table, and the nephew would solemnly give the uncle a peppercorn. Will this charade make the uncle's promise enforceable under the bargain theory? Answer this question by using the doctrine that courts inquire into the presence of consideration but not its adequacy. Also answer this question using the doctrine that courts should refuse to enforce extremely unfair bargains.

Reference no: EM131908384

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