Timko served on the board of trustees for a local school. Du…
Timko served on the board of trustees for a local school. During his service as a trustee, he recommended that the school purchase a building. To induce the other trustees to vote in favor of the purchase, he promised to help pay for the building in the event the school could not afford to purchase it. Timko agreed that at the end of five years, if the school could not afford to purchase the building, he would pay to the school or on its behalf the purchase price less the down payment. At the end of four years, Timko died. At the end of five years, the school could not afford to purchase the building. The school sued Timko’s estate in attempt to recover the amount of Timko’s promise. Timko’s estate successfully defended the school’s contract claim on a basis of lack of consideration. A. Since the Estate successfully defended the breach of contract claim is there any alternative remedy that the school can assert to recover against Timko or his estate for the promise made by Timko? (5 Points). B. For the alternative remedy(s) identified in your answer above in subsection “A”, set out in detail what the school will need to prove or the elements associated with your theory of an alternative remedy that may be available to the school. (10 Points) C. Describe how your alternative remedy would apply to the facts set forth above. Please give your analysis as to how the rule of your alternative remedy would apply to the facts in the question. (10 Points).