Donative Promises Self-Quiz

 

 

 

 

 

 

 

Tony is an old man who has lived in the same house for forty years. Cornelius, an eighteen year old high school senior, and his family have lived next door to Tony since Cornelius was two years old. Tony has watched Cornelius grow up and, over the years, he has developed a special affection for Cornelius. Tony knows that Cornelius has been saving to buy a car and, a week before Cornelius graduates from high school, Tony promises Cornelius that he will give him $10,000 as a graduation present. A few days after graduation, Tony dies and his estate refuses to give Cornelius the $10,000 that Tony promised him. If Cornelius sues Tony’s estate for the money, he will:
Choice 1 Win, because Tony promised him the money
Choice 2 Win, because Tony would have given it to him had he been alive
Choice 3 Lose, because this was an unrelied upon donative promise
Choice 4 Lose, because Tony’s estate is not responsible for the promises Tony made before he died
Tony is an old man who has lived in the same house for forty years. Cornelius, an eighteen year old high school senior, and his family have lived next door to Tony since Cornelius was two years old. Tony has watched Cornelius grow up and, over the years, he has developed a special affection for Cornelius. Tony knows that Cornelius has been saving to buy a car and, a week before Cornelius graduates from high school, Tony promises Cornelius that he will give him $10,000 as a graduation present. Immediately after Tony makes his promise, Cornelius goes to a local Ford dealership and makes a down payment on a new Thunderbird. A few days after graduation, Tony dies and his estate refuses to give Cornelius the $10,000 that Tony promised him. If Cornelius sues Tony’s estate for the money, he will:
Choice 1 Win, because Cornelius relied on the promise
Choice 2 Win, because Tony would have given it to him had he been alive
Choice 3 Lose, because this was a donative promise
Choice 4 Lose, because Tony’s estate is not responsible for the promises Tony made before he died
Truman has just graduated from the ParalegalTech Institute and has landed a job at one of the most prestigious law firms in Los Angeles. Truman is a television addict and, with some of his first paycheck, he goes out and replaces his thirty four inch color television with a sixty four inch plasma screen color television. Truman calls his friend Ed and tells him that he can have his old TV if he comes over to Truman’s apartment and picks it up. When Ed arrives at Truman’s house, Truman refuses to give Ed the TV. Ed sues Truman, arguing that Truman set out a condition for the promise and Ed fulfilled it and so Truman is required to give him the television. Ed will win this case:
True
False
Truman is about to move into a new apartment. Unfortunately, his new apartment is smaller than his old apartment and it will not be able to accommodate his sixty-four inch color television. Truman had tried to sell the T.V. but nobody is willing to buy it. Truman calls his friend Ed and tells Ed that he has to get rid of his television before he moves and, if Ed were to come pick the TV up and take it off of Truman’s hands, Ed could have the TV. When Ed arrives at Truman’s house, Truman refuses to give Ed the TV. Ed sues Truman, arguing that Truman set out a condition for the promise and Ed fulfilled it and so Truman is required to give him the television. Ed will win this case:
True
False
Tony is an old man who has lived in the same house for forty years. Cornelius, an eighteen year old high school senior, and his family have lived next door to Tony since Cornelius was two years old. Tony has watched Cornelius grow up and, over the years, he has developed a special affection for Cornelius. Tony knows that Cornelius has been saving to buy a car and, a week before Cornelius graduates from high school, Tony promises Cornelius that he will give him $10,000 as a graduation present. Immediately after Tony makes his promise, Cornelius goes to a local Ford dealership and buys a new Thunderbird. The car is valued at $9,000 but the dealer, who is having a clearance sale, gives Cornelius the car for $8,000. A few days after graduation, Tony dies and his estate refuses to give Cornelius the $10,000 that Tony promised him. If Cornelius sues Tony’s estate for the money and the court that hears the case applies the Restatement First’s rule of promissory estopple, Cornelius will:
Choice 1 Win, and recover the $8,000 he spent on the car
Choice 2 Win, and recover the $9,000 value of the car
Choice 3 Win, and recover the $10,000 value of the promise
Choice 4 Lose, because there was no consideration for the promise
Tony is an old man who has lived in the same house for forty years. Cornelius, an eighteen year old high school senior, and his family have lived next door to Tony since Cornelius was two years old. Tony has watched Cornelius grow up and, over the years, he has developed a special affection for Cornelius. Tony knows that Cornelius has been saving to buy a car and, a week before Cornelius graduates from high school, Tony promises Cornelius that he will give him $10,000 as a graduation present. Immediately after Tony makes his promise, Cornelius goes to a local Ford dealership and buys a new Thunderbird. The car is valued at $9,000 but the dealer, who is having a clearance sale, gives Cornelius the car for $8,000. A few days after graduation, Tony dies and his estate refuses to give Cornelius the $10,000 that Tony promised him. If Cornelius sues Tony’s estate for the money and the court that hears the case applies the Restatement Second’s rule of promissory estopple, Cornelius will:
Choice 1 Win, and recover the $8,000 he spent on the car
Choice 2 Win, and recover the $9,000 value of the car
Choice 3 Win, and recover the $10,000 value of the promise
Choice 4 Lose, because there was no consideration for the promise

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