This is the original discussion question!
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.
This is the students POST!
The scenario I chose to discuss this week is Keith agrees to transport ceramic figurines from Los Angeles to New York City in his moving truck. What he doesn’t know if that each figurine is filled packets of cocaine. For this scenario, I would say that this promise is not enforceable. Although Keith agreed to transport the figurines, if handled in a court and Keith was able to prove that the figurines were packed with an illegal substance, he would not be bound to the verbal contract. This contract, although verbally agreed upon does not constitute legality as cocaine is illegal for sale and distribution. On the other hand, if the figurines did not have cocaine packed in them, then; Keith’s promise would be enforceable, because he agreed to transport the figurines, they do not contain illegal substances, he was not intoxicated at the time of the agreement, and he is an adult who is able to make sound decisions.
This is my response to the discussion POST!
Hello Class and Professor,
Bill Asks Sally to Marry Him
In the scenario, Bill asks Sally to marry him, and she agrees to the proposal. Afterward, Bill sells his favorite sports car and pays upfront for a lavish wedding ceremony, as well as a three-week trip to Europe. I think that the decision that Bill takes is not enforceable. Since Bill and Sally are in love, it implies that they are willing to sacrifice anything in their life to be together, as explained by some of the love norms in existence. Moreover, if Sally is comfortable enough to accept Bill for marriage, it means she believes in him, and he can regain financial stability after selling the car to accomplish his mission of marrying Sally.
If considering the concept of acceptance, the assumption is that Sally has accepted Bill’s situation genuinely. Consequently, she is willing to live with him without the sports car, which he sold to support their lavish wedding ceremony. The decision is acceptable by the belief that material things will always come alongside, whereas if people take love seriously, it can change their lives forever. The assumption also suggests that Bill and Sally will be stable in the future and purchase another car instead of retaining the vehicle and not having the wedding.
Bill is offering his part of wealth for a lifetime partner, which is a normal practice in contemporary society. People from different facets of life have taken such risks and achieved better things later in life. I believe that as long as the two are engaged legally, they can sell the car and have a lavish wedding for the sake of their love. Overall, the decision by Bill is acceptable and not enforceable.
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