Question

Upon graduating from college, Kathy announced her plans to enter law school the following fall and to marry Rick in December. Kathy's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. He called Kathy and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Kathy agreed and postponed the wedding for a year. Kathy successfully completed her first year of law school, but soon thereafter, Kathy's father died. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. If Kathy sues the estate, she will probably be ________.

a) unsuccessful because her father's death terminated the contract.
b) successful, as there was consideration.
c) unsuccessful because her father received no benefit.
d) unsuccessful because it was merely fatherly advice not to get married during the first year of law school.

Answer 1

Kathy will likely be successful in her lawsuit against the estate for the $10,000 because there was legal consideration in the promise made by her father.

Step-by-step explanation:

If Kathy sues the estate, she will probably be successful, as there was consideration.

In contract law, consideration means that each party must confer a benefit on the other or suffer a detriment at the other's request. In this case, Kathy's agreement to postpone her wedding was a legal detriment she suffered at her father's request, and it constitutes the consideration for her father's promise of $10,000. Her father's benefit was the peace of mind knowing his daughter would not be distracted during her first year in law school, though in legal terms, Kathy's detriment is sufficient to establish consideration.

The death of Kathy's father does not terminate the contract; instead, the contract is binding on his estate. As per contract law principles, unless the contract includes a provision that it is not to be enforced in the event of one party's death, the obligations typically bind the estate.