WY Bar Practice Questions - Wyoming Bar Examination Exam

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An uncle orally promises his niece $10,000 if she refrains from smoking until age 21. She refrains for years in reliance. The uncle dies and the estate refuses to pay, arguing the promise lacked consideration. What is the best analysis?

Forbearance from a legal right the niece was otherwise free to exercise constitutes valid consideration There was no consideration because refraining from smoking benefits the niece The promise fails because it was not in writing The promise is void as against public policy

Correct Answer:

Forbearance from a legal right the niece was otherwise free to exercise constitutes valid consideration

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