MN Bar Practice Questions - Minnesota Bar Examination Exam

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An uncle promises his nephew $5,000 if the nephew refrains from smoking until age 21. The nephew does so. The uncle refuses to pay, arguing there was no consideration. Is the promise enforceable?

No, because refraining from smoking confers no economic benefit on the uncle No, because the promise was a gift Yes, because the nephew's forbearance of a legal right is valid consideration Yes, but only if the nephew can prove reliance damages

Correct Answer:

Yes, because the nephew's forbearance of a legal right is valid consideration

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