PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A nephew promises his uncle that he will refrain from drinking alcohol until age 21 in exchange for the uncle's promise to pay him $5,000. The nephew refrains as promised. The uncle refuses to pay, arguing there was no consideration because the nephew benefited from abstaining. Is the promise enforceable?

Yes, because forbearance from a legal right constitutes consideration No, because refraining from a harmful activity is not a legal detriment No, because the uncle received no economic benefit Yes, but only if the nephew suffered actual financial loss

Correct Answer:

Yes, because forbearance from a legal right constitutes consideration

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