Full question:
I promised to buy my niece a car if she passes the bar exam. She was exultant over how easy the exam was and assured me that she passed so I brought her the car. When the results were announce, she did not pass. Now that I asked her to return the car, she refuses stating there is no contract binding her to return the car. What can I do?
- Category: Contracts
- Date:
- State: Colorado
Answer:
To determine if you can get the car back, we need to look at the elements of a contract: an agreement, competent parties, genuine assent, consideration, a lawful objective, and the proper form. In this case, the main issue is consideration. Consideration is something of value exchanged between parties. It can be a promise, but it must be binding and create a duty.
You promised to buy the car if your niece passed the bar exam, and she accepted that promise. This creates an enforceable contract. Since she did not pass the exam, she did not fulfill her part of the agreement and is legally obligated to return the car. It's interesting to consider whether she would argue there was no contract if she had passed and you had refused to buy the car.
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