Question

John Harrington, Jr. ("Junior") is a 24-year-old, 3-pack-per-day smoker. John Harrington, Sr. ("Senior") is a very concerned parent. On January 1, father announces to son, "Junior, if you will stop smoking for the entire year, I will pay you $5,000." Senior believes that if Junior will stop smoking for one year, he will "kick the habit." Junior reluctantly accepts his father’s terms, and extinguishes his half-smoked cigarette with the heel of his boot.

On January 1 of the following year, Junior approaches Senior and says "Dad, time to pay up." Senior has no reason to doubt that Junior has refrained from smoking for an entire year, but states "Son, this was for your benefit. The gift I have given you is the gift of life, and you are now likely to enjoy that gift longer, because you are now much less likely to contract cancer. Health statistics show that non-smokers live ten years longer than smokers. Enjoy your newfound life, but I will not pay you the $5,000."

Does Senior owe Junior the $5,000? Is there an enforceable contract between father and son? If there is not an enforceable contract, does Junior have any other legal or equitable theory of recovery? Is Senior ethically obligated to pay Junior the $5,000?

Answer 1

Senior does not owe Junior the $5,000. The agreement between them lacks certain elements needed to be legally binding:

Consideration: There was no valid exchange or benefit for both parties. Junior's promise to quit smoking was something he should do anyway and didn't provide direct benefit or detriment to Senior.

Statute of Frauds: As the agreement involves an amount exceeding $500, it should have been in writing to be enforceable, but it wasn't.

There's no enforceable contract between them due to the absence of consideration and adherence to the Statute of Frauds. Junior lacks any other legal grounds to claim the $5,000.

Ethically, opinions may vary; some might believe Senior should honor his promise while others argue that since no enforceable contract exists, he isn't ethically bound to pay.