2、 国际商事合同法的案例讲解大全.doc

2、国际商事合同法案例讲解大全 邹岿 编 第二章 国际商事合同法 第一节 合同法概述第二节 合同的成立refrain from the prohibited acts until he turned the agreed-upon age of 21. After celebrating his 21st birthday on January 31,1875,Story Jr. wrote to his uncle and requested the promised $5 000. The uncle responded to his nephew in a letter dated February 6,1875 in which he told his nephew that he would fulfill his promise. Story Sr. also stated that he would prefer to wait until his nephew was older before actually handing over the ( then) extremely large sum of money ( according to an online inflation calculator, $ 5 000 in 1890 would be worth approximately $ 118 000).The Sr. also declared in his leter that the money owed to his nephew would accrue interest while he held it on his nephew’s behalf. The Jr. consented to his uncle’s wishes and agreed that the money would remain with his uncle until Jr. became older. William E. Story Sr. died on January 29,1887 without having transferred any of the money owed to his nephew. Story Jr. had meanwhile transferred the $ 5 000 financial interest to his wife;Story Jr. ‘s wife had later transferred this financial interest to Louisa Hamer on assignment. The Sr. ‘s estate executor refused to grant Hamer the money,believing there was no binding contract due to a lack of consideration. As a result,Hamer sued the estate’s executor,Franklin Sidway. Opinion of the court The Court of Appeals reversed and directed that the judgment of the trial court be affirmed,with costs payable out of the estate. Judge Alton Parker (later Chief Judge of the Court of Appeals) ,writing for a unanimous court,wrote that the forbearance of legal rights by Story Jr. namely the consensual abstinence from “ drinking liquor,using tobacco,swearing,and playing cards or billiards for money until he should become 21 years of age” constituted consideration in exchange for the promise given by Story Sr. . Because the forbearance was valid consideration given by a party(Story Jr. ) in exchange for a promise