CASE BRIEF

Case Brief: Dementas v. Estate of Tallas



Dementas v. Estate of Tallas

Case Name

The name of the case is Dementas v. Estate of Tallas (Utah - 1988)

Pin Cites

The following are some of the pin cites through which the entire case can be reviews in detail.

www.legallynoted.com

www.findacase.com

Parties

Following are the parties involved in this case.

Plaintiff

The plaintiff in this case was Dementas.

Defendant

The defendant in this case was Estate of Tallas.

Procedural History

The trial court ruling was in favor of the defendant. The plaintiff made an appeal from the judgment to dismiss the claims against the defendant. Although, the testimony showed that the plaintiff i.e. Dementas gave his services to the Tallas. For these services, Tallas promised Dementas to pay him $50,000 this promise does not support the legal considerations. The promise which was made by Tallas to Dementas is seen as “past considerations” which in legal terms is seen as “no considerations.”This is so due to the fact that “[t]he promisor is making his promise because those events occurred, but he is not making his promise in order to get them. There is no 'bargaining'; no saying that if you will do this for me I will do that for you.”

This rule can surely work unfair results and has accordingly been criticized and the object of legislation. Some courts have sought to enforce promises supported only by past consideration by invoking a “moral obligation” notion to make at least some of these promises enforceable. Although the “moral obligation” exception has not been embraced in Utah, other courts apply the exception in cases where services rendered in the past were rendered with the expectation of payment rather than gratuitously.

Facts

Dementas, who was the plaintiff, and Tallas deceased) were old friends. Many favours were done by Dementas for Tallas. In Greek, Tallas dictated a memo that he will leave $ 50K for Dementas in his will because of all the services he did for him.after receiving the memo, Dementas, the plaintiff, translated it and had it written in English with his own notary seal. After the death of Tallas, the will was revealed and Dementas was not mentioned in his will. The Plaintiff filed actions against the estate for the recovery, the court came to the decision that even though, the translation was not a fraud, and it was a mere unenforceable appreciation expression. After that, the Dementas appealed.

The considerations of the past are not held as adequate reason for the satisfaction of the claims on the will. The promise was made by Tallas to alter and modify his will and include Dementas in his will for $50,000. However, this promise made by Tallas was gratuitous which was not fulfilled. Due to which, even when the plaintiff had in writing the promise and the court admitted that it was not a fraud, the promise still wasn't authentic. Claim was filed against decedent's estate to recover on written agreement to make claimant an heir. The Third District Court, Salt Lake County, David ...