The Unfulfilled Promise Questions Case Study Discussion
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The Unfulfilled Promise Questions Case Study Discussion
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
Arianna 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
Arianna’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.
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 Unfulfilled Promise Questions Case Study Discussion
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Excellent Quality
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Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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The Unfulfilled Promise Questions Case Study Discussion