Melnick built a house for Gintzler, but the foundation was defective. Gintzler agreed to accept the foundation if Melnick guaranteed to repair any damage that was caused by the defects in the future. Melnick agreed, but when Gintzler called Melnick two years later to repair water damage resulting from the foundation defects, Melnick refused to make any repairs. Gintzler sued, and Melnick argued that his promise to make future repairs was unsupported by consideration. Who will win the suit?

Question

Business

Salvador Juarez

1 May, 20:53

Melnick built a house for Gintzler, but the foundation was defective. Gintzler agreed to accept the foundation if Melnick guaranteed to repair any damage that was caused by the defects in the future. Melnick agreed, but when Gintzler called Melnick two years later to repair water damage resulting from the foundation defects, Melnick refused to make any repairs. Gintzler sued, and Melnick argued that his promise to make future repairs was unsupported by consideration. Who will win the suit?

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Answers (1)

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Camilla Glenn · Answer 1

The answer is: Gintzler will win because consideration existed between both parties.

Explanation:

Consideration in a contract means: the benefit each party gets (or expects) from the contract deal. Every valid contract needs consideration. For example: McDonald's receives your money and you get a Happy Meal.

In order for consideration to "exist" in a contract, the parties involved must make a change in their "position": McDonald's earns a profit and gets richer, and you are not hungry anymore.

Consideration usually comes from:

a promise to do something (that you are not legally obligated to do), or a promise not to do something that you would have the right to do (in this case not filing a lawsuit)