A,at the request of B,enters into a contract to buy a horse from B for a certain price.Just after entering into the contract,B tells A that the horse is sound and healthy.Later A discovers that,in fact,the horse is in ill health.In this situation,B's statement to A that the horse was sound and healthy
A)is partly fresh and past consideration so as to not make B's promise binding.
B)is partly fresh and partly past consideration so as to make B's promise binding.
C)is past consideration so as to not make B's promise binding.
D)is fresh consideration so as to make B's promise binding.
E)all of the above

Question

Quizplus · Accepted Answer

B's statement to A about the horse's health was made after the contract was already formed, so it cannot be considered fresh consideration. Additionally, there was no additional benefit given by A to B in exchange for the statement, so it cannot be considered partly fresh and partly past consideration. Therefore, the statement is only based on past consideration (i.e. the original agreement to sell the horse), which is not enough to make it binding.

A,at the Request of B,enters into a Contract to Buy