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 the10,000 because there was no consideration for her father's promise. If Kathy sues the estate, she will probably be:

1) unsuccessful because her father's death terminated the contract.
2) successful, as there was consideration.
3) unsuccessful because her father received no benefit.
4) 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 if she sues the estate because there was consideration for her father's promise.

Step-by-step explanation:

In this case, Kathy agreed to postpone her wedding in exchange for her father's promise to give her $10,000 if she completed her first year of law school. This agreement between Kathy and her father is considered a contract. In a contract, there must be consideration, which is something of value exchanged between the parties. In this case, Kathy's promise to postpone her wedding is the consideration for her father's promise of $10,000.

Therefore, Kathy will likely be successful if she sues the estate because there was consideration for her father's promise. The fact that her father passed away does not terminate the contract or affect Kathy's right to the promised amount.