Adam’s godmother, Helen, is 93 years old and in poor health. Helen is a life-long alcoholic and has a history of depression and bipolar disorder. At the party celebrating Adam’s high school graduation, after consuming several Double Martini’s, Helen, clearly intoxicated, congratulates Adam on his graduation and hands him a card she had written before arriving at the party. The day after the party, Adam opens the card, which reads:
“Dearest Adam:
You are my beloved and most favored godchild. Since my only son, Mark, is a good-for-nothing, and since you have brought me such joy in my life, I will give you $500,000 if you graduate from college. I hope that this money will allow you to choose whatever career path you would like and enable you to live a comfortable life. Congratulations on your graduation!
Love and kisses,
Auntie Helen”
Adam attends the University of Michigan. While attending college, he visits his Auntie Helen several times a year. On multiple occasions, Adam thanks his Auntie Helen for her generous promise to pay him $500,000 upon his graduation from college. Since money will not be a concern for Adam in light of his Auntie’s promise, he informs Auntie Helen that he intends to join the Peace Corps after college because he feels that is where he will be able to do the most good for the world. Auntie Helen repeatedly tells him that she is happy her money will enable him to serve the public interest.
One week before Adam graduates from college, his Auntie Helen dies. After her funeral, Adam discusses his Auntie’s promise with her son, Mark, who is the executor of Auntie Helen’s estate. Mark informs Adam that he has no intention of paying Adam the money.
Adam sues Helen’s estate, seeking to enforce the promise. Mark, the executor, claims that Auntie Helen’s promise was gratuitous (a gift) and not supported by consideration. Mark also claims that Auntie Helen lacked capacity to form a contract because of her history of depression and intoxication.
Was Auntie Helen’s promise supported by consideration (or was it a gift)?
Does Auntie Helen’s history of depression prevent her from forming a valid contract?
Was Auntie Helen intoxicated and unable to form a contract at the time the contract was written?
If she was intoxicated, did Auntie Helen ratify the contract at a later date?
Did Mark fulfill his duties under the contract, if a contract existed?
"I will give you.....if you...."
Isn't that a contract?
how would you assume its a contract. how would you know if she was sober when she wrote it and with her having all them problems.
To determine if Auntie Helen's promise was supported by consideration or if it was a gift, we need to understand the concept of consideration in contract law. Consideration is something of value given by both parties to a contract and is essential for a valid contract. It can be a promise to do something or refrain from doing something. In this case, Auntie Helen promised to give Adam $500,000 if he graduated from college. Adam, on the other hand, thanked and expressed his intention to join the Peace Corps because he believed the money would allow him to serve the public interest.
Considering the facts, Auntie Helen's promise appears to have been supported by consideration. Adam showed gratitude and expressed his plans for the future, potentially forgoing other career opportunities that might have provided financial stability. This can be seen as Adam refraining from pursuing a higher-paying job immediately after graduation, taking into account the monetary support promised by Auntie Helen.
Next, we must determine if Auntie Helen's history of depression prevented her from forming a valid contract. Generally, a person with a history of depression is not automatically considered incapable of forming a contract. Capacity to form a contract is based on whether the person understood the nature of the agreement and the consequences of entering into it. It is crucial to assess Auntie Helen's mental state at the specific time the promise was made. If at that time she had the ability to understand the implications of her promise to Adam, her history of depression may not invalidate the contract.
Moving on to the claim that Auntie Helen was intoxicated and unable to form a contract at the time the promise was written, we need more information to determine the level of intoxication. If Helen was merely intoxicated but still capable of understanding the terms of the agreement and the consequences of her promise, the contract may still be valid. However, if her level of intoxication was such that she lacked the mental capacity to comprehend the implications of her promise, the contract might be deemed voidable.
Ratification refers to the act of accepting and agreeing to be bound by the terms of a contract after one becomes aware of all the details. Based on the information provided, it does not seem that Auntie Helen ratified the contract at a later date. It appears that both parties were aware of the terms and acted accordingly after the promise was made.
Regarding Mark's duty as the executor of Auntie Helen's estate, it is important to clarify that Mark, as the executor, is responsible for executing Auntie Helen's will, not the promise made in the card. If a valid contract exists, Mark may have an obligation to fulfill Auntie Helen's promise. However, this will ultimately depend on the legal determination of the contract's validity.
In conclusion, the validity of Auntie Helen's promise and any resulting contract will rely on various factors such as consideration, Auntie Helen's capacity at the time of the promise, and the level of intoxication, among other legal considerations. To obtain a definitive answer to these questions, it is advisable to consult with a legal professional who can analyze the specific circumstances and applicable laws in the relevant jurisdiction.