|
Fiege(df/ant) v
Boehm (pl/ee)
App Ct. Maryland 1956
Author:- Sam
Biers
FORBEARANCE AS CONSIDERATION
Relevant Facts: Pl alleged that Df and Pl
had consensual, premarital sex which resulted in the pl becoming
pregnant, and that Df acknowledged responsibility and paternity.
Pl gave birth to a female child and df agreed to pay all her
medical, and miscellaneous expenses related to the birth, and to
compensate pl for the loss of salary and $10 per week until his
daughter reached 21, for child support, in exchange for pl’s
abstaining from filing bastardly charges against him.Df denied
ever having sex with the Pl. Df paid $480 and refused to
pay the balance of $2,415.80. Pl instituted bastardly
charges against df, whereas blood tests revealed the child was
not his.
Legal Issue(s): Whether the contract was
unenforceable, based on the pl’s forbearance to prosecute as
an invalid claim, and therefore the contract lacked
consideration?
Court’s Holding: No, it was
enforceable.
Procedure: Trial ct. charged jury that df
criminal ct. acquittal was not binding upon them, jury found for
the pl, awarding full amount.
Law or Rule(s): The surrender of, or
forbearance to assert, a valid claim by a person with an honest
and reasonable belief in its possible validity is sufficient
consideration for a contract.
Court Rationale: Forbearance to
prosecute a claim is insufficient consideration if the claim
forborne is so lacking in foundation as to make its assertion
incompatible with honesty and a reasonable degree of
intelligence. The promise of a woman who is expecting a
illegitimate child that she will not institute bastardly
proceedings against a certain man is sufficient consideration for
his promise to pay for the child’s support, irregardless of
whether the man is the father or the prosecution is successful,
if she makes the charge in good faith. There was no proof of
fraud or unfairness. The PL made the charge of bastardly
against the df in good faith.
Plaintiff’s Argument: Df agreed
to pay in exchange of pl’s promise to forbearance to
prosecute.
Defendant’s Argument: Pl’s
forbearance was not based on a valid claim and therefore no
consideration existed.
TEST - Honest assertion and reasonable
belief in validity, with assertion made in good faith.
Putative - supposed, or reputed.
|
