Question

Each of us makes promises all of the time, and most promises we keep, but some we don’t. The question this week focus on when a promise is – and is not – enforceable. Said differently, when will the law make a person keep a promise? Choose one of the scenarios below and explain whether or not you think that the promise made is enforceable. Make sure to think about the concepts of offer, acceptance, consideration, legality and capacity.

Uncle John promises his nephew that he will give the nephew $10,000 on his 18th birthday if the nephew doesn’t drink alcohol, smoke cigarettes, do illegal drugs, or engage in any immoral behaviors.

Bill asks Sally to marry him, and her answer is “yes”. Bill then sells his favorite sports car and pays upfront for a lavish wedding ceremony and a 3-week trip to Europe.

Keith agrees to transport ceramic figurines from Los Angeles to New York City in his moving truck. What he doesn’t know is that each figurine is filled packets of cocaine.

Maria and Jennifer are having drinks at a local bar, and both are a bit tipsy. As the night goes on, Maria asks Jennifer to trade Jennifer’s 3-carat diamond ring for Maria’s 1978 Ford Duster, and Jennifer agrees to the deal.

Answer 1

* Uncle John promises his nephew that he will give the nephew $10,000 on his 18th birthday if the nephew doesn’t drink alcohol, smoke cigarettes, do illegal drugs, or engage in any immoral behaviors.

Offer - The offer is to leave bad habits to get $10000 gift.

Acceptance - The acceptance is from nephew's side and it does not require acceptance. If the nephew wishes to get the gift then he/she has to leave bad habits.

Consideration - There is no consideration from both sides. These is a unilateral consideration and the acceptance of leaving bad habits is no consideration as it is for nephew's better only. A mere promise without consideration is not enforceable.

Legality - The contract is not enforceable because there is no valid consideration from nephew's side and if the person refuses to give the gift, it cannot be challenged in court. The ownership rights are only after the gift is received. a gift should be a voluntary thing and not an enforceable thing.

Capacity - Both have a capacity to enter into contract but the contract being entered into should be valid and enforceable.