As with the first statement, this implies a request for action on Mick s part to Callahan s verbal statement. With the history of the two, it is not difficult to determine what the invited action entails. And again, there is a meeting of the minds. Drake appears to understand what the offer is as well as the consequences of accepting it. Mick even provides an immediate response, serving as both acceptance and consideration , forming the contract.
Consideration is an exchange of promises, where the promisee incurs a detriment.
The consideration is not expressly stated but implied by Mick s response and the fact that he immediately shoots at Callahan following the statement. The implied promise to basically kill each other is mutual, with lives on the line. As to defenses, Mick has fewer to count on than the assailant in the first incident. Here, undue influence is not as likely. Mick is more of a delusional, confused madman, so persuasion or susceptibility is not as prevalent as before.