Is Hamer consistent with 71?

-- Anonymous, October 05, 1998

Answers

Hamer and Section 71

Isn't illustration 9 of Section 71 essentially the same as Hamer? I think the answer is yes.

cheers,

andy

-- Anonymous, October 07, 1998

I'm going to go out on a limb and go with Andy here, though it seems too good to be true. Yes, Hamer seems perfectly consistent with 71:

(1) the two parties bargained for the consideration in question, (2) the bargain was sought by the uncle, and his promise of $5,000 was in exchange for the nephew's promise to refrain from drinking, etc., (3) the nephew's performance consisted of forbearance,and (4) someone other than the promisee should pay up since the uncle is no more.

Why would Lessig ask this question? Is there some trick??

-- Anonymous, October 12, 1998