Sylvester had a severe gambling problem. Every night, he sta…
Sylvester had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally, Sylvester’s wife, Carolina, had enough of Sylvester’s gambling. Carolina entered into a written contract with Ebenezer, a gambling addiction therapist, who agreed to treat Sylvester twice a week for six months. The contract is signed in writing (by the contract parties, Carolina and Ebenezer; and, of course, also by the patient, Sylvester). Sylvester then begins his counseling. However, after two months, Carolina sees no improvement in Sylvester’s behavior. After all, her debit cards just got declined at the store, and when she confronted Sylvester, he simply stated, “I lost $1,000 on the Tampa Bay Rays last night.” Carolina decides she is going to breach the contract, that is, to stop paying Ebenezer. What would a court most likely find, if Ebenezer sues Carolina to enforce the contract and make Carolina pay for the breach?
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