Reference no: EM131144359
Tom, who has just ordered a new playground set for his children, tells his friend Sonya that he will give her his old smaller swing set as soon as the new playground set arrives. To make room for the swing set, Sonya will have to have five trees cleared from her backyard, and engages a firm to do this work at a cost of $800 (which she pays). Subsequently, Tom’s brother reminds him that he had promised the old swing set to him, and rather than promote a family quarrel, Tom tells Sonya she cannot have the swing set. Can Sonya successfully sue Tom to recover her $800?
No, because the promise to Tom’s brother was made first
No, because past consideration is no consideration
Yes, because Sonya reasonably relied on Tom’s promise to her detriment and incurred significant reliance costs
Yes, because the contract between Tom and Sonya had all the essential elements – offer, acceptance, and consideration.
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