User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active
 

Offer + Acceptance + Consideration = a Contract.  This is the basic contract definition that every first year law student learns and then spends two semesters trying to understand.  On its face, it appears very 1+1 = 2; however, contained in this simple formula is a Rubik's cube of complexity.  One person makes an offer to another person.  The person making the offer gives the other party something.  That "something" is called consideration.  To qualify as consideration, there must be a bargained for detriment.  Something is being relinquished or the promisee must rely on something to his/her detriment. If there is mutual assent, then a contract exists. And if there's no contract, you can make a promissory estoppel argument that one party reasonably relied on the promise made by another, and that reliance is the consideration or bargained for detriment.  Confused?  Watch the movie "The Paper Chase" and then you'll be really confused by promissory estoppel.  And on and on the complex contracts hamster wheel turns.  Contract law is extremely nuanced and complicated.

At its core, marriage is a very complicated contract. Two people promise/pledge their eternal love for one another in front of at least two witnesses.  Because it's impossible to pledge your eternal, enduring love unless it is witnessed by at least two people.  One person might lie, but two witnesses make the pledge real.  Even Vegas marriages must be witnessed by two people, but I think the justice of the peace dressed as Elvis and his wife holding the Bible suffice.

Frankly, I was never a fan of the Brangelina coupling.  I've always thought that Angelina was just weird.  She's altruistic, generous, talented and beautiful. But in my opinion, she's beautifully odd and far too eleven year old girl thin.  Before you slam me with hate posts, I will acknowledge that she may have a health reason (i.e. a thyroid condition) that explains why her body weight rivals that of a skeletal frame.  To me, she looks like she needs to eat a double helping of quinoa and kale and pack some weight on those presumably organic only, vegan bones.  But skeletal thin works well on the red carpet as evidenced by the top designers clamoring to dress her.  No, I did not dislike the Brad & Angie pairing because of Angie's weirdness or frame.  I wasn't a Brangelina fan because I did not respect how Brad chose to uncouple from Jennifer Aniston. 

For my readers who may not remember, here's what happened:  Brad & Angelina appeared in a movie called "Mr. & Mrs. Smith."  I've never seen the movie, but understand that they are killers and spend the movie battling with each other and their intended targets.  Critics says that their on screen chemistry was apparent and as obvious as Elizabeth Taylor and Richard Burton's chemistry or the chemistry she had with husbands number 4 or 5.  In other words, Brad and Angie fell in love on set or "at work." The problem was that Brad was still very much married to America's darling, Jennifer Aniston who starred in the ensemble cast of "Friends" alongside Northwestern University's very own David Schwimmer. 

Actors are workers who are paid to entertain those of us who are incapable of entertaining ourselves.  Their workplace is a studio, and those who are exceptionally talented or have agents who can negotiate contracts well often make an obscene amount of money for their art.  When Brad left Jennifer for Angelina, it started a, "Men can't be trusted while hunting" epidemic thru the marriage community.  "If Brad would cheat on the cute Jennifer Aniston with the sultry Angelina, is every marriage at risk of being destroyed by a workplace vixen?"  That was soon replaced by the "Who would cheat on Halle Berry?  If Jay Z can cheat on Beyonce, is any marriage safe?" squeals. 

I get it, the heart wants what it wants.  Life is too short to be unhappy.  YOLO - you only live once. Yup.  I get all of that. Nonetheless, I was on team Jennifer.   And lest we forget, women cheat too.  However, women are usually more stealth in their cheating behavior.  Jennifer may have had a secret boo on the side too.  Who knows. Reports suggest that even though Jennifer has re-married and harbors no ill will, she was secretly happy with the Brangelina split news.  Of course she was.  Karma, baby.  

When the Brangelina love story broke, I remember thinking, "Come on, Brad! The 'we fell in love at work' routine is predictable and cliche."  Let's be honest, no one would remain married for any meaningful length of time if people allowed every workplace fantasy to materialize.   Workplace crushes and fantasies are as old as the tradition of marriage itself.  You develop one and then you spend your days realizing that the object of your workplace fantasy crush is just as flawed or more flawed than your betrothed. Fantasies are no fun when they become real. It's like fantasy football.  Your team is not real.

In the Black Diamond series, the teenagers pledge to respect an existing relationship.  They pledge to "do unto others as you would have them do unto you."  It's not a perfection pledge, but a pledge of restraint and respect.  Brad and Angie should have read the Black Diamond series.  They have six children, and a lot of money. Their uncoupling process will be complex and confusing to the children, but their lives are already complex and confusing by average people standards. 

Brad and Angie were together as an unwed couple with children for many years.  I'm sure the commentators will speculate that perhaps they married in an effort to save their relationship.  Or maybe because their children pressured them into marriage.  Who knows and frankly, who cares? Now they must hire expensive lawyers to untangle themselves from the complex contract that their brief marriage created. They were living as a family and chose to enter a marriage contract.

Marriage is a choice for many, but it's a choice that was not available to slaves in the United States.  In order to demonstrate a union, the slaves would hold a ceremony and jump over a broom. Since slaves were considered property and not people, marriages between slaves were not recorded or recognized.  Slave owners would often break up a family by selling the husband, the wife or one of the children born to their union.  It was a tragic stain on our nation's history that can never be removed.  Many African American couples still choose to jump over a broom at their wedding ceremony. 

The earth will continue to rotate on its axis long after Brad and Angelina have come public with their next heart's desire, and I'm sure there is a next heart's desire waiting in the wings.   Their artistic and altruistic contributions to society will forever be footnoted with their 10 year relationship and brief marraige.  One day, Brad and Angelina's artistic contributions to the nation may be honored and displayed in a national museum. This weekend, the nation will celebrate the opening of another Smithsonian Museum on the national mall:  The National Museum of African American History and Culture.  I hope there is a broom on display.

 

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active
 

Offer + Acceptance + Consideration = a Contract.  This is the basic contract definition that every first year law student learns and then spends two semesters trying to understand.  On its face, it appears very 1+1 = 2; however, contained in this simple formula is a Rubik's cube of complexity.  One person makes an offer to another person.  The person making the offer gives the other party something.  That "something" is called consideration.  To qualify as consideration, there must be a bargained for detriment.  Something is being relinquished or the promisee must rely on something to his/her detriment. If there is mutual assent, then a contract exists. And if there's no contract, you can make a promissory estoppel argument that one party reasonably relied on the promise made by another, and that reliance is the consideration or bargained for detriment.  Confused?  Watch the movie "The Paper Chase" and then you'll be really confused by promissory estoppel.  And on and on the complex contracts hamster wheel turns.  Contract law is extremely nuanced and complicated.

At its core, marriage is a very complicated contract. Two people promise/pledge their eternal love for one another in front of at least two witnesses.  Because it's impossible to pledge your eternal, enduring love unless it is witnessed by at least two people.  One person might lie, but two witnesses make the pledge real.  Even Vegas marriages must be witnessed by two people, but I think the justice of the peace dressed as Elvis and his wife holding the Bible suffice.

Frankly, I was never a fan of the Brangelina coupling.  I've always thought that Angelina was just weird.  She's altruistic, generous, talented and beautiful. But in my opinion, she's beautifully odd and far too eleven year old girl thin.  Before you slam me with hate posts, I will acknowledge that she may have a health reason (i.e. a thyroid condition) that explains why her body weight rivals that of a skeletal frame.  To me, she looks like she needs to eat a double helping of quinoa and kale and pack some weight on those presumably organic only, vegan bones.  But skeletal thin works well on the red carpet as evidenced by the top designers clamoring to dress her.  No, I did not dislike the Brad & Angie pairing because of Angie's weirdness or frame.  I wasn't a Brangelina fan because I did not respect how Brad chose to uncouple from Jennifer Aniston. 

For my readers who may not remember, here's what happened:  Brad & Angelina appeared in a movie called "Mr. & Mrs. Smith."  I've never seen the movie, but understand that they are killers and spend the movie battling with each other and their intended targets.  Critics says that their on screen chemistry was apparent and as obvious as Elizabeth Taylor and Richard Burton's chemistry or the chemistry she had with husbands number 4 or 5.  In other words, Brad and Angie fell in love on set or "at work." The problem was that Brad was still very much married to America's darling, Jennifer Aniston who starred in the ensemble cast of "Friends" alongside Northwestern University's very own David Schwimmer. 

Actors are workers who are paid to entertain those of us who are incapable of entertaining ourselves.  Their workplace is a studio, and those who are exceptionally talented or have agents who can negotiate contracts well often make an obscene amount of money for their art.  When Brad left Jennifer for Angelina, it started a, "Men can't be trusted while hunting" epidemic thru the marriage community.  "If Brad would cheat on the cute Jennifer Aniston with the sultry Angelina, is every marriage at risk of being destroyed by a workplace vixen?"  That was soon replaced by the "Who would cheat on Halle Berry?  If Jay Z can cheat on Beyonce, is any marriage safe?" squeals. 

I get it, the heart wants what it wants.  Life is too short to be unhappy.  YOLO - you only live once. Yup.  I get all of that. Nonetheless, I was on team Jennifer.   And lest we forget, women cheat too.  However, women are usually more stealth in their cheating behavior.  Jennifer may have had a secret boo on the side too.  Who knows. Reports suggest that even though Jennifer has re-married and harbors no ill will, she was secretly happy with the Brangelina split news.  Of course she was.  Karma, baby.  

When the Brangelina love story broke, I remember thinking, "Come on, Brad! The 'we fell in love at work' routine is predictable and cliche."  Let's be honest, no one would remain married for any meaningful length of time if people allowed every workplace fantasy to materialize.   Workplace crushes and fantasies are as old as the tradition of marriage itself.  You develop one and then you spend your days realizing that the object of your workplace fantasy crush is just as flawed or more flawed than your betrothed. Fantasies are no fun when they become real. It's like fantasy football.  Your team is not real.

In the Black Diamond series, the teenagers pledge to respect an existing relationship.  They pledge to "do unto others as you would have them do unto you."  It's not a perfection pledge, but a pledge of restraint and respect.  Brad and Angie should have read the Black Diamond series.  They have six children, and a lot of money. Their uncoupling process will be complex and confusing to the children, but their lives are already complex and confusing by average people standards. 

Brad and Angie were together as an unwed couple with children for many years.  I'm sure the commentators will speculate that perhaps they married in an effort to save their relationship.  Or maybe because their children pressured them into marriage.  Who knows and frankly, who cares? Now they must hire expensive lawyers to untangle themselves from the complex contract that their brief marriage created. They were living as a family and chose to enter a marriage contract.

Marriage is a choice for many, but it's a choice that was not available to slaves in the United States.  In order to demonstrate a union, the slaves would hold a ceremony and jump over a broom. Since slaves were considered property and not people, marriages between slaves were not recorded or recognized.  Slave owners would often break up a family by selling the husband, the wife or one of the children born to their union.  It was a tragic stain on our nation's history that can never be removed.  Many African American couples still choose to jump over a broom at their wedding ceremony. 

The earth will continue to rotate on its axis long after Brad and Angelina have come public with their next heart's desire, and I'm sure there is a next heart's desire waiting in the wings.   Their artistic and altruistic contributions to society will forever be footnoted with their 10 year relationship and brief marraige.  One day, Brad and Angelina's artistic contributions to the nation may be honored and displayed in a national museum. This weekend, the nation will celebrate the opening of another Smithsonian Museum on the national mall:  The National Museum of African American History and Culture.  I hope there is a broom on display.