Question

A. J. Whitmire and R. Lee Whitmire were brothers. R. Lee Whitmire married Lillie Mae Whitmire. For 4 years, A. J. performed various services for his brother and sister-in-law. During this time, R. Lee and Lillie Mae purchased some land. Fifteen years later, in the presence of Lillie Mae, R. Lee told A. J., "When we're gone, this land is yours". At that time, A. J. had not done any work for R. Lee or Lillie Mae for 16 years, and none was expected or provided in the future. Thirty years later, after both R. Lee and Lillie Mae had died, A. J. filed a claim with the estate of Lillie Mae, seeking specific performance of the earlier promise to give him the land. A. J. did not get the property. Can you please tell me what kind of case is this? Is this Bargained-for Exchange?

Answer 1

This is a case involving past consideration. Promises made in return for actions or events that have already taken place are unenforceable. Here A. J. is offered the land by R. Lee in front of Lillie Mae, considering the service A. J. had rendered for 4 years in the past. But A. J had not provided any services when the promise was made or later. Hence it is a case of past consideration and not enforceable. This case lacks bargained for exchange because we can bargain for something to take place now or in the future but not for something that has already taken place. As A. J. is not expected to provide any service at the time promise was made or in future, it is not bargained for exchange.