IRAC Method

IRAC Method

Case study

Moe tells Curly: "Meet me at the Harbor Restaurant tomorrow and I will buy you lunch." Curly shows up at the restaurant the next day, meets Moe, but Moe refuses to spring for lunch. Is Moe's promise to pay enforceable?

ISSUE

Whether Moe's promise is enforceable depends upon whether or not it is supported by consideration. Otherwise, it is simply an unenforceable gratuitous promise.

RULE

Consideration is any act or forbearance which is of benefit to the promisor or detriment to the promisee. Consideration must arise in the context of a bargained for exchange.

Plea bargaining is a ...