Alden v presley

Running head: WEEK 3 ASSIGNMENT 1

WEEK 3 ASSIGNMENT 2

Considering Elvis

Latoya Bechet

Walden University

BUSI 2001: Business Law

Karen Bond

March 20, 2016

Consideration: Presley vs. Alden

Presley’s promise to assist Jo Alden in paying the mortgage was not enforceable against the estate. The estate was not legally obligated to pay the mortgage. It is Presley who had made a promise toward Jo Alden and not the estate. If Presley had left a will instructing the estate to honor his pledge then, it would have been enforceable. Secondly, Presley was already engaged to Ginger when he made the promise of paying the mortgage, therefore, not legally binding. Goldman and Sigismond (2014) described this type of promise as past consideration. Past consideration is not a consideration because a promise is made after an act has already taken place. Thirdly, a promise focused on affection and love is not enforceable. Presley extended the love that he had for Ginger to her mother, an aspect that is not legally recognized. In a court of law, a moral duty is not seen as a valuable consideration. This fact was used in “Brett v. J.S. Nor” case (Cornes & Winward, 2008, p. 19). It was ruled out that the case was a legal duty that was pre-existing. Comment by Karen Bond: In probate law the estate represents the deceased so they are one and the same Comment by Karen Bond: punctuation Comment by Karen Bond: Why? Comment by Karen Bond: No act had taken place Comment by Karen Bond: According to what source? Comment by Karen Bond: maximum word length reached here.

References

Cornes, D. L., & Winward, R. (2008). Winward Fearon on collateral warranties: For construction contracts. Chichester: John Wiley & Sons. Comment by Karen Bond: Not applicable

Goldman, A., & Sigismond, W. (2014). Business law: Principles and practices (9th ed.). South Western: Cengage Learning. Comment by Karen Bond: Not in APA

Answer

Given that this was based on a true set of facts, the first thing you should have done was look up the case so your answer would be correct.

Alden v. Presley, 637 S.W.2d 862 (1982)

Facts. Elvis Presley, a singer of great renown and a man of substantial wealth, became

engaged to Ginger Alden. He was generous with the Alden family, paying for landscaping

the lawn, installing a swimming pool, and making other gifts. When his fiancée's mother,

Jo Laverne Alden, sought to divorce her husband, Presley promised to pay off the

remaining mortgage indebtedness on the Alden home, which Mrs. Alden was to receive in

the divorce settlement. On August 16, 1977, Presley died suddenly, leaving the mortgage

unpaid. When the legal representative of Presley's estate refused to pay the $39,587

mortgage, Mrs. Alden brought an action to enforce Presley's promise. The trial court

denied recovery. Mrs. Alden appealed.

Issue.

Was Presley's promise to pay the mortgage enforceable?

Opinion. Fones, Justice. In the instant case, the trial court held decedent did make a

promise unsupported by consideration to plaintiff, that no gift was consummated for

failure of delivery, that plaintiff suffered no detriment as she "wound up much better off

after her association with Elvis A. Presley than if he had never made any promise to Jo

Laverne Alden." The court of appeals concurred in the finding that there was no gift for

failure of delivery, holding that delivery is not complete unless complete dominion and

control of the gift is surrendered by the donor and acquired by the donee.

Holding. The state supreme court held that Presley's promise was a gratuitous

executory promise that was not supported by consideration. As such, it was

unenforceable against Presley's estate. The court dismissed the case and assessed costs

against the plaintiff.