Bar Exam (US) Contracts: Question below is based on the following fact situation. Marty Golby wa...

Question

Question below is based on the following fact situation.

Marty Golby was accepted by Nixon School of Law for the fall term of 2008. Several generations of Marty's family had attended the prestigious law school. On August 14, at a party to celebrate Marty's acceptance, his father, former United States Attorney General Dick Golby, announced to Marty, in the presence of the partygoers, "Son, it's your obligation to uphold the family tradition for excellence at Nixon. In this regard, if you promise to study a minimum of five hours a day, then I shall pay you $1,000 for each 'A' you achieve during your first year; $2,500 for each 'A' you achieve during your second year; and $5,000 for each 'A' you achieve during your third year. Moreover, I will buy you a baby blue Eldorado at the end of the first semester if you promise me not to smoke marijuana" Marty replied, "Dad, not only shall I study five hours a day, but you can order the Eldorado right away. I promise not to smoke marijuana as you requested."

After the first semester, Marty returned home on December 24 and showed his father his grade report, which indicated that Marty received "A's" in Contracts, Torts, and Property. His father then wrote Marty a check for $3,000. He then asked Marty, in the presence of Marty's Uncle Homer, "Did you abide by your promise not to smoke marijuana?" Marty replied, "Yes, Father." Marty's father then told him that he had already ordered the car and that it would be available for delivery within one month. Uncle Homer, also an old Nixon grad, made the following statement: "Marty, I want you to know that if anything ever happens to your father, that I'll continue to pay you, as per your father's promise, for your 'A's' at Nixon."

When Marty returned to Nixon the following week, he received the tragic news that his father had died suddenly. At the funeral, the executor of his estate told Marty that he did not feel compelled to give Marty the newly arrived Eldorado. Furthermore, Uncle Homer approached Marty and told him that he did not believe that he was obligated to pay Marty for any "A's" that he might receive in the future.

The most accurate statement concerning his late father's promise to reward Marty for achieving "A's" at law school would be that

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    the promise constituted an unenforceable conditional gift .
  2. B
    Correct Answer
    the promise would not be legally binding, since it was nondetrimental.
  3. C
    Correct Answer
    the promise would be enforceable if a bargained for exchange was so intended.
  4. D
    Correct Answer
    the promise constituted a voidable proposal.
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