As a member of the jury, based on the evidence provided above, what party is best supported by governing law? Please provide the basis of law and the supporting facts to support your answer.

Pretend that you are a member of the jury. I have attached the rubric as to how this essay needs to be written.

On April 24, 1980, Wife and Husband entered into an antenuptial contract. On April 25, 1980, they were married. Wife remained married to Husband until the death of the latter on January 25, 1989.

In March 1983, February 1984, and January 1987, Husband was admitted to a hospital due to heart problems. As a result, Husband became concerned and frightened about his health and longevity.

In August 1988, Husband suffered a stroke while in the hospital. Throughout the Husband’s August, 1988 hospital stay and subsequent treatment at a rehabilitation center, he repeatedly told his Wife that he was uncomfortable in the hospital and that he disliked being away from home. The Husband repeatedly told his Wife that he did not want to be admitted to a nursing home, even though it meant he would need round-the-clock care, and rehabilitative modifications to the house, in order for him to live at home.

In or about October, 1988, Wife and the Husband entered an oral agreement whereby the Husband promised to leave to Wife certain property, including a one hundred percent interest in a Sacramento home. In exchange for the Husband’s promise to leave her the property, Wife agreed to care for the Husband in his home, for the duration of his illness, thereby avoiding the need for him to move to a rest home or convalescent hospital as his doctors recommended. The agreement was based on the confidential relationship that existed between Wife and the Husband.

Wife performed her promise, but the Husband did not perform his. Instead his will bequeathed the bulk of Husband’s estate to Husband’s daughter.

During the trial, the Husband’s Estate argues that, in entering the marital state, by which a contract is created, it must be assumed that the parties voluntarily entered therein with knowledge that they have the moral and legal obligation to support the other. When necessary, spouses must provide uncompensated protective supervision services for each other. A wife is obligated by the marriage contract to provide nursing-type care to an ill husband. Therefore, contracts whereby the wife is to receive compensation for providing such services are void as against public policy; and there is no consideration for the Husband’s promise.

Wife argues Husband Estate’s arguments are based on outdated views of the role of women and marriage. She further argues that the above argument denies her equal protection because husbands only have a financial obligation toward their wives, while wives have to provide actual nursing services for free.

• As a member of the jury, based on the evidence provided above, what party is best supported by governing law? Please provide the basis of law and the supporting facts to support your answer.
• Can personal performance of a duty that arguably falls within the contract of marriage constitute new consideration to support the Husband’s indebtedness for the property? Please provide the basis of law and supporting facts to support your answer.
• Do you believe that the care duties described herein and provided by the Wife fall within the contractual duties of marriage? What facts, if different, would change your mind as juror as to whether Wife would be entitled to the property as per the oral agreement.