Miller sued for damages for Ethe’s breach of their agreement. Is the oral contract enforceable? Discuss.

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Miller sued for damages for Ethe’s breach of their agreement. Is the oral contract enforceable? Discuss.

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Ethel Greenberg acquired the ownership of the Carlyle Hotel on Miami Beach. Having had little experience in the hotel business, she asked Miller to participate in and counsel her operation of the hotel, which he did. He claims that because his efforts produced a substantial profit, Ethel made an oral agreement for the continuation of his services. Miller alleges that in return for his services, Ethel promised to marry him and to share the net income resulting from the operation of the hotel. Miller maintains that he rendered his services to Ethel in reliance upon her promises. The couple planned to wed in the fall, but Ethel, due to physical illness, decided not to marry. Miller sued for damages for Ethe’s breach of their agreement. Is the oral contract enforceable? Discuss.

Explanation & AnswerSolution by a verified expert

Explanation

In this case, the promise of marriage is associated with the rendering of services by Person M for the effective operation of the hotel. The provision of the Statute of Fraud will be applicable in this context. However, because of the lack of physical fitness, Individual E denied marrying Person M, thereby leading to the breach of contract.
It was an oral marriage agreement, and the disagreement of contract by one party leads to the breach of the contract. However, the promise of marriage that was made by Person E with Person M does not lead to the final closing of the contract. As a result, this contract is unenforceable in nature.

Verified Answer

The oral contract is not valid as Person E made two oral promises with Person M in the return of Person M's services, which are to marry Person M, and to obtain a specific share in the net income of the hotel. All the oral promises in the context of marriage except the mutually agreed marriage promise come under the Statute of Fraud rule only if when the marriage is the end of that relevant contract. However, in this case, the marriage is only a part of their agreement not the end of that contract.

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