By Sofia
How many people know what hamer v Sidway is if that question was thrown out there to a group? Not so many would be the right answer and rightly so. You see, matters of law are complex and unless there is direct interest, some people would rather not bother themselves.
This is exactly why and how a good number of people find matters of hamer v sidway complicated. What this law is and how it applies in various ways is one of the things which have been so hard to understand. As such, it is only proper that essential information is conveyed in this regard to help out such people.
That said, this text offers you as much essential information in this regard as it is possible. The intention of this text is to help you understand the hamer v Sidway better. If you have been looking for information in this regard consider this text as it will offer you plenty of it.
The History Of Hamer V Sidway
Before delving deeper into hamer v sidway it is important to take time and learn a thing or two about it. Most importantly, it is essential to look at how this law came about under what circumstances. This information is very key especially for people who seek a much deeper understanding.
The hamer v Sidway was surprisingly a court decision that was made by a court. This court was the New York court of appeal back then in time which presided over a hamer v Sidway case. The case ironically went on to become a landmark ruling which referred to many years to come.
The essence of the hamer v sidway case formed the basis of the American contract law. This law established that legal rights forbearance on any promises which are made for future benefit made by other parties constitutes valid consideration. Other than that, it was established and agreed that unilateral contracts stood and remained valid in the New York Law.
About The Hamer V Sidway
As has been suggested in the text above already, there are many details to the hamer v sidway. Part of these details state that only a valuable consideration is capable of executing a contract. In this case, the consideration has to be something of immense value. This value has to be beneficial to one party and disadvantageous to the other in an absolute pecuniary sense.
Abstinence Promise
Take this case for instance people make promises to others with different intentions. One perfect example or case in the hamer v sidway goes as follows. A father promises his son some money rewards for abstaining from certain vices until he becomes an adult.
These vices could lead to smoking or even playing cards. A father in this case or any other person makes a promise of $5000 to his son. This money is to be paid in full if the son gets to the age of 21 without having taken part in these vices not once.
Such a case means that there is a binding contract between the son and the father. In this case, the father is under the obligation to pay the son. In case he does not then the son can take the father to a court of law and demand compensation. If the father does not pay this money then the court might give out directions regarding this whole issue.
Even though the son might revert to the use of alcohol and tobacco right after that, he stands to be compensated. It is assumed in this case that the father and the son gains and losses from this whole act in equal measure. As such, the father has to compensate the son for abstaining from alcohol upon the promise of some cash rewards.
Where Are The Hamer v Sidway Cases Heard?
Having learned about the hamer v Sidway and how it applies, there is a chance you have ever gotten into such a contract. As such, you might want to know where to go and have your case heard. In the United States of America the best place to go to with such a case is the court of appeal.
This is the only court that is charged with many roles among them hearing and determining hamer v sidway cases. Thus, if you go to such a court then there is a high probability that you will get a fair ruling on your case. If it is the compensation you need, for instance, you will be able to secure that right away.
Hamer v Sidway Cases Could Be Complicated
Sometimes the hamer v Sidway cases are not as straightforward as they always seem. There could be some complicities in between which might in some ways alter the outcome of such a ruling. For instance, the nature of the agreement and its provisions are one of these determining factors.
Take this case for instance, a father and son agree to no alcohol and drugs for a certain period of time. The son agrees but then goes ahead to drink in the hope that the father will not see him. He does so once then twice and many times but not so consistently.
Somehow the father realizes that the son is doing so but then decides to keep quiet. At the lapse of that period the son refuses to compensate the son on these grounds. In such a case, the court might have a hard time trying to determine how such a case should be settled.
Sometimes the court might decide to award the compensation or in others, they might cite a breach of contract. Such cases are the ones that are complicated, making a determination in this case not so easy. Thus, before filing such a case in a court of law you need to consult adequately first.
Conclusion
The issues of hamer v sidway deserve a deeper understanding facilitated by properly brought out facts. The text above offers you some insights into this issue and concepts to help you with an understanding. You can refer to it if you have any questions about this issue and you need them all answered.
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