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Fred returns home from work one day to discover his house surrounded by police. His wife is being held hostage and threatened by her captor. Fred pleads with the police to rescue her and offers $5,000 to the police officer who brings her uninjured to safety. A police negotiator, Ivan, eventually talks the captor into releasing Fred’s wife, and he leads her to safety. Later, when Ivan goes to collect his $5,000, Fred says, “Thanks very much, but I have no intention of paying”. Would Ivan succeed in a court action against Fred? Explain your answer.

Respuesta :

No, Ivan would likely not succeed in a court action against Fred. Here's why:

1. No Contract: Fred's offer of $5,000 was made under duress. He was in a highly stressful situation, fearing for his wife's safety.  For a contract to be valid, there must be a willing exchange of promises, and Fred's offer wasn't made willingly.

2. Public Policy: Police officers have a duty to protect the public. Allowing police to accept such rewards could create a situation where officers prioritize personal gain over their duty. This could lead to police neglecting their responsibilities or taking undue risks.

3. Extortion Defense: Fred could argue that Ivan's insistence on collecting the reward amounted to extortion. Extortion is the act of obtaining something, such as money, through threats or violence. By threatening legal action, Ivan could be seen as trying to bully Fred into paying.

Even though there was a verbal offer, the reasons above make it unlikely a court would enforce the "contract".

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