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11-Consideration-ForebearanceAsConsideration_Fiege_v_Boehm

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					Fiege v. Boehm, Court of Appeals of MD, 1956 Whether the K was unenforceable because it was based on a false claim and therefore it lacked consideration. Issue Reasoning
(1) The mother promise not to bring bastardy charges against the man are sufficient consideration.

Rule
Forbearance to sue for a lawful claim or demand Is sufficient consideration For the forbearance

Facts
(2) In return, she would not bring bastardy charges against him. (1) Fiege (D) promised to pay for P’s child delivery medical charges, misc expenses, wage losses, and a certain amount per week ($10) until their bastard child was 21.

(2) It doesn’t matter whether she was expected to win or loose as long as she was filing in good faith. (3) It doesn’t matter what the man’s purpose for his promise to pay: whether it is to support his child or avoid shame. It doesn’t lessen the merit of the contract. (4) there is no proof of fraud or unfairness.

If the party forbearing had an honest intention to prosecute litigation which is not frivolous, vexatious, or unlawful And which is believed to be well founded.

(3) She testified that on many occasions D acknowledged that the child was his. He denied it because he said he never has sex with her. (3) He stopped paying, - out of a total of $2,895.8 he just paid $480 - so she brought a criminal charge against him. And based on Blood tests, he was not found to be the father.

Held Procedure P argues D argues

Judgment affirmed – K enforceable. P (Boehm) sued for breach of contract. Trial court found in favor of P. Many demurrers by D were rejected. D appeals. The kid is not my son.

Offer: I will not sue you for bastardy if you pay me for the delivery cost and supporting the child. OR: Boehm OEE: Fiege. Consideration:


				
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