The Case of The Unfulfilled Promise Questions Discussion

December 2, 2022

The Case of The Unfulfilled Promise Questions Discussion

Order Number	636738393092
Type of Project	ESSAY
Writer Level	PHD VERIFIED
Format	APA
Academic Sources	10
Page Count	3-12 PAGES

Instructions/Descriptions

The Case of The Unfulfilled Promise Questions Discussion

[Order Now]

THE CASE OF THE UNFULFILLED PROMISE

Victor, age ninety, had a very valuable violin collection consisting of 10 violins, cases and bows. He was frail and was helped by a niece Arianna, who was an excellent violinist. Two weeks after making a new will, Victor told his niece that he was going to give her the violin collection. “It’s yours,” he said, adding that he would temporarily hold on to the collection for safekeeping. Arianna happily accepted. That same day he also sent Arianna a letter in which he said, “I give you my violin collection, and when I die, it will be yours.”

Victor died five weeks later. In his will dated prior to the letter, which did not refer to the violins, he left his entire estate to his two children. Arianna brought suit against the estate to have the violin collection declared her property.

The Trial

Arainna testified at the trial about the help she had given her uncle over a period of fifteen years. She produced the letter her uncle had sent her and recalled their many conversations during which her uncle had promised to give her the violins. There was additional testimony that Victor’s children had never even picked up a violin and had been estranged from their father for years.

The Arguments at Trial

Arainna’s attorney argued that the collection belonged to Arianna because Victor had gifted the violins to her during his lifetime and that there was symbolic delivery. He further argued that Victor’s keeping possession of the violins was solely to protect them and in no way invalidated the gift. He also argued that to deprive Arianna of the collection that her uncle obviously wanted to give her would be against Victor’s wishes.

The children’s attorney argued that the will was validly executed after the letter was sent and promises made orally or in writing do not constitute valid gifts. They further argued that actual and not symbolic delivery is an essential requirement for a gift to be deemed valid.

[Order Now]

Questions to Discuss

Who has the stronger argument, Arianna or Victor’s children? Why?

If you were the jury hearing this case, for whom would you decide? Why?

Should considerations of fairness and the intentions of the person making the will take precedence over a validly executed will?

What problems do you think could arise if oral or written promises were considered under the circumstances of this case?

The Case of The Unfulfilled Promise Questions Discussion

RUBRIC

Excellent Quality

95-100%

Introduction

45-41 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Literature Support

91-84 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Methodology

58-53 points

With titles for each slide as well as bulleted sections to group relevant information as required, the content is well-organized. Excellent use of typeface, color, images, effects, and so on to improve readability and presenting content. The minimum length criterion of 10 slides/pages is reached.

Average Score

50-85%

40-38 points

More depth/information is required for the context and importance, otherwise the study detail will be unclear. There is no search history information supplied.

83-76 points

There is a review of important theoretical literature, however there is limited integration of research into problem-related ideas. The review is just partly focused and arranged. There is research that both supports and opposes. A summary of the material given is provided. The conclusion may or may not include a biblical integration.

52-49 points

The content is somewhat ordered, but there is no discernible organization. The use of typeface, color, graphics, effects, and so on may sometimes distract from the presenting substance. It is possible that the length criteria will not be reached.

Poor Quality

0-45%

37-1 points

The context and/or importance are lacking. There is no search history information supplied.

75-1 points

There has been an examination of relevant theoretical literature, but still no research concerning problem-related concepts has been synthesized. The review is just somewhat focused and organized. The provided overview of content does not include any supporting or opposing research. The conclusion has no scriptural references.

48-1 points

There is no logical or apparent organizational structure. There is no discernible logical sequence. The use of typeface, color, graphics, effects, and so on often detracts from the presenting substance. It is possible that the length criteria will not be reached.