Case of Fred Smitch and His Family Assignment Example | Topics and Well Written Essays - 2250 words

Case of Fred Smitch and His Family - Assignment Example There is a clear evidentiary path between your father’s diagnosis, the effects of his medicine and your own claim that he was not in his sound mind at the time of the signing (World Trade Organization 1996, 1811). Let me outline the reasons that lead me to believe that your claim is unlikely to see a positive verdict. The first test that must be passed for this to be considered a contract is whether or not it is legally enforceable. There must be an offer and an acceptance. The offer must be something that is communicated by one party to another in relationship to what is intended or promised by the contract (Bhana, Bonthuys and Nortje 2009, 31). In this document, your father promises to provide money under specific conditions and this is the offer that he makes. In this document both you and your father make specific offers and both of you signed in agreement. By signing the document, James, you accepted the offer that was being made by your father as well as undertook to fac ilitate those terms that your father laid out for you in fulfilling this agreement. The agreement that Fred Smith wrote with his family and friends can be viewed as a ‘comfort letter’. ... Under the terms of the legality of the ‘comfort letter’, your father would be obligated to fulfill those promises. Also, it appears he fulfilled that promise in 2010 and through that action it might appear that you have a good claim, however, there are other circumstances that would influence the court’s view. The context of the pre-negotiations to this agreement, however, makes enforcing it problematic. The will of your father can easily be proven to have been subverted by a number of factors. One of those factors is the state of his health. His attorney could cite CVA v Amadio in which it was made clear that taking advantage of someone whose will is weaker negates the agreement that was made. The unconscionable act is defined as one where â€Å"the will of the innocent party, even if independent and voluntary, is the result of the disadvantageous position in which he is placed and of the other party unconscientiously taking advantage of that position† (Go ldring 1998, 34). You have told me that your father had recently been diagnosed with Alzheimer’s and was taking medication that made him more emotional than usual, correct? This would likely be interpreted as making him weaker than those around him, with you and your family being accused of taking advantage of his condition in pressing him on those statements towards making written promises. It is likely that just as in Blomley v Ryan, the pressure of the occasion and the weaker will of your father will render a verdict that sets aside the contractual nature of the paper that you had your father write and sign (Chen-Wishart 2007, 374). The strongest evidence that this will be a problem is that you yourself made the claim to Matt that