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What if Eric filed a lawsuit against Brian


If Eric did file a lawsuit against Brian due to him not giving Eric the company after Billy fails to finish 9th grade do you think Eric would have won the lawsuit?

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I doubt it since the competition seemed more like an informal agreement than something drawn with hardline conditions. The business with Eric bribing the principal (whether he is directly blamed or not) would probably allow for Billy to try again since it was something that happened beyond his control that prevented him from finishing on time.

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Unless they had a contract written up that stated Eric would get the company if Billy didn't pass then he has no grounds for a suit because he has no way to prove it occurred. Let's assume that there was a contract though. If that's the case then he could sue but at the same time the fact that he blackmailed the principal would come out and it would be thrown out.

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Eric never gave consideration for the deal so no, it wouldn't work. An informal bet like that does nothing. It's the same as me saying, "I'll give you my HOUSE if the home team loses this game." If the home team loses, there's zero ground for lawsuit because there was no consideration.

Now if I give you something after the bet is made, it can hold up in court. It can be anything. For example, "If you buy me a Big Mac I'll give you my house." That would hold up (if a receipt and proof that you bought the Big Mac, let's say filmed it) because value was exchanged for value.

Most people would claim, "BUT A HOUSE IS WORTH WAY MORE THAN A BIG MAC!" but most any judge will tell you they are not there to determine value. They are not appraisers, and if they start to do that, then it just becomes more gray in court and causes HUGE strain on the legal system. Yes a Big Mac/House are different, but now let's lessen the gap. New motorcycle for a new car. Car is prob. worth more, but maybe diff. conditions gray the area. If a judge made a ruling prior on a deal with consideration, they'd have to make a ruling on that, and it starts to get WAY more difficult.




That said, in this instance there was no legal grounds for Eric and Billy's Dad could just refuse to give it to him. If Eric had said, "I'm giving you my car in exchange for a promise that you'll give me your business if Billy fails." and the Dad accepted (which he wouldn't knowing the Dad) Eric could then go to court with basis.

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BUMP

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