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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Hello. About two and a half years ago my husband's ex-wife talked my husband into signing a promissory note to her at a time of weakness, when he was very ill. The note said that he would pay her $62,500 upon the sale of a business that he was trying to sell and then another $62,500 upon his death. She wanted this money as a reimbursement for a mortgage that she paid off of her son's house (my husband had adopted this son during their marriage.) When she paid off her son's mortgage, it was of her own free will, without any agreement between her and my husband that he would pay for any part of it. She later regretted paying it, and so then was trying to get the money back that she had spent on the mortgage from her now ex-husband. When my husband signed this promissory note though, the agreement was simply that he would pay her this money, but not receive anything in return for it. She is now suing him for this money and in the Complaint refers to the promissory note as a contract. We researched the elements of a contract and one of them is that both sides must receive consideration, or the contract is void. Well, my husband promised to pay her this money, but he received no consideration in return. Does this invalidate the contract/promissory note? Thank you for your help.
Thank you for the post, I am happy to assist you by answering your questions. Yes, it does. From your description there was no exchange of anything of value, it was a contract with a unilateral provision of consideration, therefore the contract is voidable. Please let me know if you have any follow up questions.
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Customer: replied 4 years ago.

Hello Mr. Shore,

Can you please tell me if there is any case history that addresses my question about lack of consideration? Thank you so much for your help.

 

Donna XXXXXXXXXX

Yes, there is, and I would be happy to perform that case law research for you via the OfferMore function.
Customer: replied 4 years ago.

Can you please tell me where the OfferMore function is, Mr. Shore. Thank you so much.

 

Donna XXXXXXXX

I would have to alert customer service to your desire to utilize the offer more service, I will alert customer service now that you desire to utilize OfferMore.
Customer: replied 4 years ago.


Hello Mr. Shore,


 


Can you please address my last question. Thank you.

Customer: replied 4 years ago.
,


 Hello Mr. Shore,

 

      Can you please address my last question.  Thank you.

Hello Donna, do you mean your question regarding the OfferMore function?
Customer: replied 4 years ago.


No, my question about case work that addresses lack of consideration. Thank you so much.

Thank you Donna, your last question calls for case law research, which is well beyond the scope of a standard question, as it requires the use of a third party search service, at an additional cost to attorneys. This is why I was suggesting the OfferMore service as the proper venue for completing such a request.