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Hamer v.

Sidway, New York 1891 Facts: Uncle makes a deal with nephew that if nephew refrains from drinking, tobacco, gambling, and
swearing until he is 21, uncle will pay him $5000. Nephew completes his end of the bargain, and uncle agrees to pay him the money at a later date (so that nephew wont recklessly spend it). Uncle dies before any payment is made to nephew.

Issue/Holding: Whether refraining from certain behavior is ample consideration for a valid contract.
H = Yes; revd

Rule: Valuable consideration may consist either in some right, interest, profit, or benefit accruing to one
party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.

Reasoning: Pursuant to the second part of the rule, the waiver of a legal right at the request of another
party is generally sufficient consideration. The nephew waived his legal right to drink, smoke, gamble, and swear at the request of his uncle. Therefore, there is ample consideration in this contract regardless of whether the uncle was directly benefited by the nephews conduct.

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