Trimmer V Van Bomel Flashcards
What is palimony?
Palimony is a colloquial term used to refer to a court’s award of financial support or assets to one party of a non-marital relationship following a break-up. The term is a portmanteau of the words pal (meaning friend) and alimony.
It was not created in this case.
What is quantum meriut?
a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.
What is the critical question in this case?
Whether an alleged agreement by defendant to pay an amount suffecient to take care of all plaintiff’s “costs and expenses for sumptuous living and maintenance for the remainder of his life” as amplified by the plaintiff’s testimony, will enable the court to award plaintiff a judgment in a specific sum of dollars.
Why was the plaintiff’s claim as a contract of employment invalid?
In his 237-page bill of particulars, plaintiff asserted that the defendant had agreed “to provide and set up for him a fund, either by giving him a block of stock or cash, or both, which would take care of all his living expenses in the same expensive style for the rest of his life.” Plaintiff is alleging, in essence, a contract of employment, but as reference to his own testimony indicates, there was no specification as to the length of the term, the amount of the compensation, the terms of the payment, the nature of the duties, the manner in which the employment could be terminated and the method of computing “severance pay”.
and it is clear that he commenced his “employment” long before any such agreement to take care of him for the rest of his life was discussed.
What was the difficulty with the alleged agreements for payments to be made?
No amount being specified, no time having been set forth, no mechanics for the payments having been spelled out and there being no specification as to what had to be done to qualify or disqualify the plaintiff for the payments, what we have, at best, is some vague but legally unenforceable reassurance that plaintiff “would be taken care of”.
What was essential about the relationship for the court (if, under generous circumstances, it were to be considered considered an employment relationship)?
Since this relationship was terminable at will, and the relationship had come to an end, this court can see no legal basis upon which the defendant can be compelled to continue lavishing her favors and her bounty upon the plaintiff. There are no guarantees in life, and good fortune, to be enjoyed while it lasts, does not invariably bring with it a life-long annuity.
