Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Kenton
understand he wants to be treated fairly, but that didn't become a condition

Good faith and fair dealing are implied covenants of any agreement.

102 posted on 02/21/2016 1:48:10 PM PST by AndyJackson
[ Post Reply | Private Reply | To 94 | View Replies ]


To: AndyJackson

Just to have a little fun with the legalities, is the pledge a contract? It seems a one sided promise by Trump without any corresponding promise of performance by the GOP. Similarly, there is no exchange of consideration. Trump gives the consideration of supporting another nominee and not going independent, but the GOP does not give any consideration in return. If it is a contract, it lacks mutuality. By the same token, there can’t be covenants (such as good faith and fair dealing) where there is no contract in the first place.

Can the pledge be deemed a contract with an implied promise by the GOP to treat Donald fairly providing mutuality and/or the bargained-for consideration? An argument can be made that such a promise is implied by Reince Preibus’ signature on the document. Otherwise, Why is he signing a unilateral promise?


118 posted on 02/21/2016 3:38:24 PM PST by JewishRighter
[ Post Reply | Private Reply | To 102 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson