Question

Adams, a creditor of Brown, threatened to sue Brown for an overdue debt. Brown's friend Cox then promised to pay Brown's debt to Adams if Adams would refrain from suing Brown, and Adams agreed. if Cox failed to pay Adams as agreed, and Adams sued him for breach of contract, she would:

A. Fail
B. Seek restitution
C. Succeed
D. Be guilty of breach

Answer 1

In the scenario where Cox fails to pay Adams after promising to do so in order to keep Adams from suing Brown, Adams would likely succeed in a lawsuit against Cox for breach of contract.

Step-by-step explanation:

The situation described in the student's question pertains to the enforceability of a contract. When Cox promised to pay Brown's debt to Adams in exchange for Adams' agreement to refrain from suing Brown, and Adams agreed, a contract was formed. Should Cox fail to pay, there was a breach of contract. Thus, if Adams sues Cox for breach of contract, under these circumstances, she would, in principle, succeed, as there was consideration (the forbearance to sue) and the promise to pay the debt was made in exchange for that consideration.