Prática de Shadowing: Contract Law 1 Intro Hamer v Sidway (just say no) - Aprenda a falar inglês com vídeo
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Thank you.
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Today we're going to learn about the concept of consideration by exploring the classic chestnut of a case,
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Hamer vs. Sidway, which was decided by the New York Court of Appeals in 1891.
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The facts of this family dispute are memorable.
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William E.
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Story Sr., promised to pay his nephew, William E.
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Story II, $5 ,000 if the latter would refrain from drinking,
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using tobacco, swearing, and playing cards or billiards for money until he became 21 years of age.
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The nephew agreed and performed his promise.
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On his 21st birthday, the nephew requested the $5 ,000 and the uncle told him that he'd have the money certain
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but that it would be held from him until the uncle thought the nephew was capable of taking care of it.
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After the uncle's death, this suit was brought by the plaintiff and the present appellant, Louisa Hamer.
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She was the assignee of the nephew after several mean assignments.
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It looks like it's spelled "mesne" but it means, it's pronounced mean and it means intermediate assignments.
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That's where the nephew would assign his interest in bringing this case to somebody else who ultimately assigned it to Louisa Hamer.
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The other party, Franklin Sidway, was the executor of the uncle's estate and who was claiming that the estate didn't have to pay the $5 ,000.
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The central issue in the case is this: is forbearance from arguably harmful activity like drinking sufficient consideration to support A contract.
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Um, Sidway, representing the uncle's estate, argued that the uncle's promise to pay wasn't enforceable,
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because the agreement lacked the necessary consideration.
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We need to understand the concept of consideration because consideration is a traditional prerequisite to enforcing a contractual promise.
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Section 17 of the second restatement of contracts provides: "The formation of a contract requires a bargain in
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which there is a manifestation of mutual assent to the exchange, and a consideration.
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By the way, was there a manifestation of mutual assent in Hammer?
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You bet.
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The uncle made an offer and the case says the nephew assented.
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From that moment on, both parties were bound to a contract.
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That is, if there is sufficient consideration.
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Once the contractual bell rings,
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The nephew would have breached a contract created by the exchange of promises if he drank at any point after promising.
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So, in Hamer versus Sidway, And it's included.
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in most contract casebook because it helps teach us what counts as consideration.
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So to begin, it's helpful to think of consideration as what's given in return for someone else's promise.
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It is the quid given for the quo in the phrase quid pro quo.
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So Sidway argued that in return for the uncle's promise,
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the nephew hadn't given up enough because the nephew had only promised to forbear from doing things that would have harmed him.
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The court rejected Sidway's argument and found there was a sufficient consideration,
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quote, A valuable consideration in the sense of the law may consist either in some right interest -profit
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or benefit accruing to the one party, or some forbearance, loss, or responsibility given,
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suffered, or undertaken by the other.
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I under Hamer versus Sidway, a return promise to be a sufficient consideration doesn't have to be an actual detriment,
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It is enough for it to be a legal detriment to the promisee.
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A legal detriment means promising to do anything that you didn't have to do,
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or promising to forbear from doing anything that you might have legally done.
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The case is interesting because the Uncle didn't receive any obvious benefit.
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And one might plausibly argue The nephew did not suffer an actual detriment from the performance of his promise.
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- Thank you.
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Thus, the court's conclusion that a legal detriment for purposes of consideration can be very different
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from the common sense meaning of what an actual detriment is.
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The Hammer decision is a classic statement of the benefit -detriment conception of consideration.
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Under this definition, either an actual benefit to the promisor,
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or a legal detriment, to the promisee, is a sufficient consideration.
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Because it's hard to factually establish whether the promisor, here the uncle, actually benefited from his nephew's abstinence,
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The benefit -detriment conception of consideration almost always looks to whether there was a legal detriment.
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One way of establishing a promiser's benefit would be to rely on the economic concept of revealed preference.
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The uncle, must have benefited from the nephew's abstinence, or the uncle wouldn't have been willing to pay for it.
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But the revealed preference argument proves too much.
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The consideration requirement is meant to preclude legal enforcement of gratuitous promises,
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promises for which there is no return promise.
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But anyone who promises to give $1 ,000 gratuitously to another reveals a preference for that state of the world,
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The gratuitous promise doesn't reveal that the promiser gained anything from the promiser's return promise when there isn't one.
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The problem with the legal detriment conception of consideration is that savvy contractors,
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could manipulate the return promise to qualify as a legal detriment.
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For example, Jane offers to pay Joe $10 ,000 if Joe promises to inhale sometimes in the next 60 seconds.
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Joe readily agrees and then loudly inhales.
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Jane then refuses to pay, and when Joe sues for breach of contract,
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Jane has the audacity to argue that there was no consideration for her promise to pay $10 ,000.
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The question here is under the benefit -detriment conception of consideration, should Jane win?
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And the answer to this quiz is no. Joe had a legal right to hold his breath for a minute,
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His promise to forbear from holding his breath is a legal detriment.
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creating consideration for Jane's promise to pay $10 ,000.
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Even though courts were
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wanted to avoid having to assess the messy factual question of whether the promiser actually benefits from the promisee's return promise,
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the Joe and Jane hypothetical show why the promise or benefit question is hard to avoid if we want to stop
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uh.. hold your breath types of shenanigans.
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The common law responded to this problem in cases decided after Hamer versus Sidway
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by replacing the early conception of consideration as either a benefit to the promisor or a detriment to the promisee,
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with what is known as the "bargained for" conception of consideration.
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"Bargain for or inducement conception of consideration can be seen in section 71 of the Restatement Second of Contracts.
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- Thank you.
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to constitute consideration A performance or return promise must be bargained for.
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And then section two tells us that a performance or return promise is bargained for if it is sought
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by the promisor in exchange for his promise and is given by the promisee in exchange for that promise.
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In contrast to the benefit -detriment conception of consideration, which focuses on the welfare of the parties,
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the bargain -for conception focuses on the parties' reasons for entering into the transaction.
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Although the benefit detriment framework still exerts considerable influence in England and commonwealth countries,
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the bargain for theory has largely won the day in the United States.
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That said, because contract law is a product of judicial decisions, it has many authors and old rules die hard.
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Although the bargain for theory is the dominant approach to consideration, the benefit and detriment tests still figure into many courts holdings.
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Thank you.
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Section 79 of the second restatement states: that if the requirement of consideration is met,
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there's no additional requirement of a gain, advantage, or benefit to the promisor, or of a loss, disadvantage, or detriment to the promisee.
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Comment B to the same section observes
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that some courts say a legal detriment is sufficient even though there is no economic detriment or other actual loss,
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but suggests that it's more realistic to say simply that there's no requirement of detriment anymore.
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Another way of looking at the Hamer v.
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Sidway case is that the court isn't really looking for a benefit or legal detriment, but simply for a bargain for exchange.
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The uncle has offered to pay $5 ,000 in exchange for the nephew's clean living.
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Isn't it fairly clear that the return promise was sought by the promisor in exchange for this return promise.
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After all, we don't think the uncle,
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would have been willing to make his promise to pay unless the nephew had made his promise in return.
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Thus the facts of the case, if not the court's actual language,
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provide support for the second restatements bargained for rule that neither a benefit nor an actual detriment is essential.
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Finally, a close reading of the case reveals that the uncle in Hamer v.
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Sidway made two separate promises, one on March 20th at a wedding anniversary,
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and the second one in a letter of February 6, 1875.
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The court's analysis of the case focuses entirely on whether the first promise was supported by consideration,
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but the suit is more,
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I think, accurately premised on the second promise The nephew's consideration for The uncle's second promise was different.
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promise not to drink or smoke was the consideration for the first promise, And even if there was no consideration for that first promise,
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the second promise might well be supported by consideration.
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For the second promise, the nephew gave up a plausible
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lawsuit for breach of the first promise in exchange for the uncle's promise to pay $5 ,000 plus interest.
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Giving up the right to sue was arguably a settlement of a claim and separately enforceable.
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So, what have we learned?
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Consideration is a requirement for a contractual promise to be enforced.
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under Hammer, consideration could be either a promise or benefit, or more likely, a legal detriment to the promisee.
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And finally, because of the problems with the legal detriment test being manipulated,
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modern courts tend now to require that the promisor's return promise was bargained for.
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that the return promise actually induced the promisor to make his or her promise.
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Por que praticar a fala com este vídeo?
Praticar a fala utilizando vídeos é uma das melhores formas de aprender inglês com YouTube. O vídeo sobre o caso Hamer vs. Sidway oferece um contexto legal rico que permite aos aprendizes mergulhar em termos técnicos e situações de alta relevância. Através da prática de shadowing em inglês, você não só aprende a pronúncia correta, mas também a entonação e a velocidade naturais da fala. Ao repetir o que ouve, você consegue assimilar não apenas o vocabulário, mas também elementos culturais que são essenciais para a fluência. Além disso, entender casos legais, como este, prepara você para conversas mais complexas em inglês.
Gramática & Expressões em Contexto
No vídeo, algumas estruturas gramaticais se destacam e são importantes para o contexto legal:
- "promised to pay" - Aqui, usamos a forma verbal 'promised' que indica uma ação no passado com consequência no presente. Praticar essa estrutura ajuda a expressar compromissos.
- "required a bargain" - A expressão 'required a' enfatiza a necessidade de um acordo em contextos formais, algo benéfico ao se comunicar em ambientes profissionais.
- "sufficient consideration" - Entender 'sufficient consideration' é importante para discussões legais. Este termo mostra como uma troca justa é essencial numa promessa.
- "common sense meaning" - Essa expressão demonstra a diferença entre o entendimento cotidiano e o entendimento jurídico, um ponto importante a se considerar na linguagem.
Armadilhas Comuns de Pronúncia
Dentro deste discurso legal, existem palavras e expressões que podem ser desafiadoras para quem está aprendendo. Aqui estão alguns exemplos a serem observados:
- Forbearance - A pronúncia pode ser complicada devido à combinação de sílabas. Treine a pronúncia em voz alta para melhorar a sua pronúncia em inglês.
- Consideration - Essa palavra possui numerosas sílabas e um ritmo específico que pode confundir os falantes não nativos. Praticar com shadow speak pode ajudar.
- Promisor e Promisee - Ambas as palavras envolvem nuances de pronúncia que podem ser difíceis. O uso de shadowspeak é bastante eficaz aqui para captar os sons corretamente.
Praticar com vídeos como este não apenas melhora sua capacidade de compreender termos legais, mas também aprimora sua fluência e confiança ao falar inglês. Utilize o shadowing em inglês e veja sua habilidade linguística crescer a cada palavra!
Gramática neste vídeo
As estruturas que o falante mais usa, com as palavras exatas do vídeo:
| Estrutura | No vídeo |
|---|---|
| Voz passiva be + particípio passado — o foco está no que acontece, não em quem faz | was decided · would be held · was brought |
| Present perfect have/has + particípio passado — uma ação passada que ainda importa agora | has offered · have we learned |
| Orações relativas who / which + oração — informação extra sobre uma pessoa ou coisa | Sidway, which was · anyone who promises |
O que é a Técnica de Shadowing?
Shadowing é uma técnica de aprendizado de idiomas com base científica, originalmente desenvolvida para o treinamento de intérpretes profissionais. O método é simples, mas poderoso: você ouve áudio em inglês nativo e repete imediatamente em voz alta — como uma sombra seguindo o falante com 1-2 segundos de atraso. Pesquisas mostram melhora significativa na precisão da pronúncia, entonação, ritmo, sons conectados, compreensão auditiva e fluência na fala.