LEG100 – Week 6 Discussion – Contracts

Part 1

Each of us makes promises all the time; most we keep, but some we don’t. The question this week focuses on when a promise is—or is not—enforceable. Said differently, when will the law make a person keep a promise? Choose oneof the scenarios below and explain whether you think that the promise made is enforceable. Be 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 she answers yes. Bill then sells his favorite sports car and pays upfront for a lavish wedding ceremony and a three-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 with 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 three-carat diamond ring for Maria’s 1978 Ford Duster, and Jennifer agrees to the deal.

Part 2

Respond to other classmate’s post (Natalie All.)

For the purposes of this discussion, I will be focusing on the first scenario wherein Uncle John promises to give his nephew $10,000 on his 18th birthday under a morality clause.

Depending on the age of the nephew at the time of this promise, acceptance and capacity may not be evident in direct form. Consent could be perceived if the nephew does indeed stay away from alcohol, drugs, cigarettes, and immoral behavior, by doing so he is consenting to the agreement.

Consideration is shown by the benefit from both sides, the uncle will be satisfied by the nephew acting morally and staying away from drugs and alcohol, and the nephew receives money.

This agreement is legal, so legality is confirmed.

The nephew, acting in accordance with the understanding that there is a $10,000 reward on his 18th birthday, would be relying upon that reward.

This would be enforceable as a reasonable person would deem that the nephew upheld their end of the contract under the promise of the reward.