LGST 101 Study Guide - Final Guide: Voseo
30 Sep 2015
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Law: the forbearance from asserting a good faith legal claim constitutes a valid consideration. Summary: fiege claimed boehm acknowledged on many occasions that he is their child"s father and promised to pay support payments so long as fiege would not institute legal proceedings. Boehm stopped payments when blood tests revealed that he was not the father. Boehm won for bastardy by the state -> fiege won for breach of contract -> Boehm appealed: because he is not the father, his support agreement lacks valid consideration (lost) Held: yes, the surrender of an invalid claim not made in good faith and reasonable belief is enough consideration to justify an end to a contract. The court found no proof of fraud or unfairness. Fiege indicated that she made the charge of bastardy against boehm in good faith. Discussion: general requirement: a claim must be asserted in good faith. Nondisclosure is not considered to be bad faith in this case.
