Question

Business Law 1- Contracts

22. Tonya and Jeff were involved in a “spring/fall relationship” – Tonya was as 23-year-old recent college graduate who loved ice skating, and Jeff was a wealthy, 50-year-old, thrice-divorced stockbroker. Despite their age difference, Tonya and Jeff were truly in love, and one night over dinner, Jeff proposed to Tanya. Tanya wanted to marry Jeff, but given Jeff’s trail of ex-wives, Tonya had a few demands. “I’ll marry you Jeff,” said Tonya, “but only if you promise to build me a mansion with an indoor ice skating rink.” Jeff slipped the cocktail napkin out from under his glass of scotch and wrote on it the following words: “My dearest Tonya, if you marry me I will build you a mansion with an indoor ice skating rink. Sincerely, Jeff Gillooly.” Tonya slipped the napkin into her purse. Tonya and Jeff were married 3 months later, but the marriage was short-lived. Jeff filed for divorce after only 6 months of marriage when he decided Tonya was a little too old for him. In the divorce proceedings, Tonya produced the napkin and demanded that Jeff deliver on his promise to build her a mansion with an indoor ice skating rink. Will Tonya prevail?

a. Yes, because Jeff’s promise was in writing.

b. Yes, regardless of whether Jeff’s promise was in writing.

c. No, because she didn’t have the napkin notarized.

d. No, because writing on a napkin doesn’t satisfy the “writing” requirement of the statute of frauds. e. None of the above.

Answer 1

Although Jeff has given an written promise, but the writing was not under any notary public's. Writting anything on paper napkin does not hold you accountable under law. Any statement, oath, affirmations has to have attested under law, so that the statments can be claimed if needed. If the statements/promises are made in loose paper, they do not hold any good even if they victim will file a case in court of law. Any written statement/ affirmations has to supported by an attestment/ affidavit/ statutory decalaration in order to have claimed under law, otherwise any promise or oath does not hold of any good. Exactly in this case Tonya will not be able to demand a mansion with skating ring, based on a promise made on a napkin with no legalities attached to it.