LAW 201 Chapter Notes - Chapter Module 8: Contract, Puffery, Benjamin N. Cardozo
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If you offer me your textbook for and i say i"ll give you , i have not accepted your offer. I have not reflected back to you your terms. The court said it was not a contract to everyone, but an offer. Boutilier, whose estate was the defendant here, pledged to donate to dalhousie college. He didn"t pay it before he died, he ran into some financial difficulties. Dalhousie then sued his estate for the fund. The main issue in this case was whether dalhousie could enforce the promise against. And that turned on the question of whether dalhousie had paid consideration for the promise. The court did not regard this argument as successful. It held that the alleged exchange never occurred. Mr. boutilier did not ask that dalhousie take some new course of action that it wasn"t otherwise going to take in exchange for his .