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Miscellaneous

: the (new) legal writer

The blood brief

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Last year I wrote a post about a promise literally written in blood. The synopsis:

Mr. Kim invested $140,000 in companies run by Mr. Son. When the companies went belly-up, Messrs. Kim and Son met over drinks to discuss the matter. Mr. Son, apparently feeling bad about Mr. Kim?s loss, pricked his finger with a safety pin and wrote?in blood (and in Korean)??Sir, forgive me. Because of my deeds, you have suffered financially.  I will repay you to the best of my ability.? Unfortunately for Mr. Kim, the promise was not enforceable (according to the Orange County Superior Court), because there was no consideration for the promise.

The case is now on appeal, and Richard Radcliffe, proprietor of Law Religion Culture Review, has posted the verbatim text of the appellant?s brief?typewritten in black text. The gist of the argument is that Mr. Kim?s forbearance in not suing Mr. Son earlier was sufficient consideration to support Mr. Son?s promise.

The lesson remains the same: writing a promise in blood doesn?t make the promise enforceable. So forget the dramatics; just use a pen.

Full post as published by the (new) legal writer on August 12, 2008 (boomark / email).

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