Abbott was orphaned at the age of five. For the next fifteen years his material needs were met by his Uncle Barton. On his 13th birthday, Abbot wrote Uncle Barton and promes to pay him $100 per mont as long as his Uncle lived. Abbott nver made any payments. Uncle Barton died ten months later. If Uncle Barton's estate sued Abbott for the amount of the promised payments, would Barton be able to recover the money?
To determine whether Uncle Barton's estate would be able to recover the promised payments from Abbott, we need to analyze the legal aspects of the situation.
In this case, it can be argued that Abbott's promise to pay his uncle $100 per month can be considered a valid contract. However, there are certain factors that need to be considered to determine the enforceability of the agreement:
1. Capacity to Contract: Abbott was only 13 years old when he made the promise. In most jurisdictions, minors do not possess the legal capacity to enter into a binding contract. Therefore, Abbott might argue that the contract is voidable due to his age at the time.
2. Consideration: For a contract to be enforceable, both parties must provide something of value, known as consideration. In this case, it appears that Uncle Barton did not provide any consideration to Abbott in exchange for the promised payments. Consequently, the contract may lack consideration and be unenforceable.
Considering these factors, it is unlikely that Uncle Barton's estate would be able to recover the money from Abbott. However, please note that legal matters can be complex and subject to interpretation, so it is essential to consult with a legal professional to obtain accurate advice based on the specific jurisdiction and circumstances involved.