Debts, Claims, and Terminology in Legal Agreements
Explore the intricacies of debt settlement, claims disputes, and property terminology in legal agreements through the case of Mullen v. Hawkins. Understand the importance of clear titles, consideration in contracts, and promises in legal contexts.
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Presentation Transcript
Debts And Claims Richard Warner
Is the agreement for the settlement of a debt? Debt Settlement Yes No Special debt settlement rules do not appy Amount in dispute? Yes No Colorable argument for each side? A variety of approaches Yes No Contract modification Consideration not required Promises are consideration for each other Good faith belief that the claim is valid? Enforceable if under seal Enforceable if in writing Yes No Promissory estoppel : Promise to give up the claim is consideration Promise to give up the claim is not consideration
Claims Claim in dispute? Yes No Colorable argument for each side? A variety of exceptions e.g. quit claim deeds Yes No Promises are consideration for each other Good faith belief that the claim is valid? Yes No Promise to give up the claim is consideration Promise to give up the claim is not consideration
Mullen v. Hawkins - Terminology Clear title = title free of claims, doubts, or disputes about ownership. Required before property can be sold. A quitclaim deed transfers a person s rights in a piece of property to another person. There is not guarantee that the person transferring the right actually has it. So it transfer rights the person might have.
Mullen v. Hawkins--Facts Mullen wished to take out a loan on land that he owned. The lenders were worried that Hawkins might have a claim to the land and hence that Mullen's title was not clear. Mullen asked Hawkins to sign a quit-claim deed to the land. Hawkins told Mullen that Hawkins "had no interest in said land; that he had theretofore conveyed it to one of [Mullen's] remote grantors, but, [Mullen] continued to insist on the deed, and offered him $50 if [Hawkins] and his wife would go to Marion--about seven miles--and execute the deed, he accepted the offer, went with his wife to Marion, and executed the quitclaim deed, for which appellant executed to him [a promissory note for $50]. Mullen later refused to pay off the note, and Hawkins sued for the money.
Claims Claim in dispute? Yes No Colorable argument for each side? A variety of exceptions e.g. quit claim deeds Yes No Promises are consideration for each other Good faith belief that the claim is valid? Yes No Promise to give up the claim is consideration Promise to give up the claim is not consideration
Why An Exception? It is good public policy to make it easy to demonstrate the title is clear.
