Show:
Promises, promises
When are they binding?
When is it binding?
Enforceable contract?
100
After her interview with Big Tech Corp, the interviewer tells Andrea that she did a great job, and that she should expect to be hired soon.
Non-binding. The promise lacks definiteness and serious intent to be bound. Furthermore, Andrea's performance has already occurred, and it was not given in exchange for a promise to hire her, so this statement also lacks consideration.
100
"I promise to pay $100 to anyone who returns my lost dog, Fee-Fee."
It is binding when someone who actually knew of the offer returns Fee-Fee.
100
After an excruciating blind-date dinner at Big Boy, Margo thanks Floyd for dinner and says, "I'll call you." Margo never calls Floyd.
No breach. No serious intent to be bound.
200
After the interview with Big Tech Corp, the interviewer tells Andrea that she will be notified within two weeks about the company's hiring decision.
Non-binding. Again, this apparent promise lacks consideration to become legally recognized.
200
Meijer advertises "Kyota weed-trimmers are on sale for $29.99."
When Meijer accepts a customer's proffer of consideration in exchange for a Kyota weed-trimmer.
200
Gerald exclaims, "I would give my left arm for a cheesy gordita crunch from Taco Bell right now." His roommate, Tom, "runs to the border" immediately and returns 20 minutes later with Gerald's order and a chain saw.
Non-binding because Gerald very unlikely intended to make a serious offer.
300
After the interview with Big Tech Corp, the interviewer tells Andrea, "you will have to pass a drug test before Big Corp will hire you." Andrea goes directly to the clinic and drops clean.
Non-binding. Lacks serious intent to be bound. It is a condition precedent, but not to any legal obligation actually undertaken by Big Corp. Andrea could still be passed over in favor of another qualified candidate.
300
On ebay, Drake just submitted the top-bid for a 4-foot tall Louie the Laker garden gnome.
When the time for bids expires, if the seller has not cancelled the auction or set a higher reserve price, and nobody else has outbid Drake.
300
"If you vote for me to be your president, I will see to it that no child goes without access to a high quality education and every person will have an opportunity to earn a fair wage for an honest day's work." Pam votes for this candidate and still cannot find a job and her son was expelled from public school last week.
Government officials cannot be sued by private parties for actions taken within the scope of their official duties.
400
After the interview with Big Tech Corp, Andrea tells the interviewer, Alice, that her sister works for Apple Computers, and she would "hook her up big time" if Andrea was hired. Alice immediately hands Andrea an employment contract, which Andrea happily signs. Does Andrea have to now call her sister?
No. This promise, although supported by consideration, would not be enforceable--and therefore not-binding--because Alice would be asking for a court to enforce bribery.
400
Frank promises Esther that if she will marry him, he will build her a charming castle in the French Riviera. Esther marries Frank the next day and immediately files suit to compel the enforcement of Frank's promise.
Even if this was put in writing (to satisfy the Statute of Frauds) and found NOT to be contrary to public policy, Esther would probably fail to recover anything from Frank because his offer would likely be found not to have been seriously made.
400
"If you ever cheat on me again, I will [insert threatening act of violence here] you."
Get faithful or get a restraining order quickly. J/K
500
After the interview with Big Tech Corp, the interviewer tells Andrea that she was very impressed with her potential and that she thought that she would be a perfect fit for the company. She also promised that Andrea would receive the offer of employment in the mail before the end of the week. Except, the interviewer dies before making any record of her conversation with Andrea.
Without proof that the interviewer promised to hire her, Andrea cannot enforce such an alleged promise. She may be able to show detrimental reliance upon which compensatory reliance damages could be available, but Big Tech would not be contractually bound until the actual offer of employment was made and accepted.
500
Jim buys Carol a diamond engagement ring and hands it to her. Carol slips it on her finger. Later that day, Jim's friend, Pastor Paul, arrives to take their vows and witness the signing of the marriage certificate. Carol refuses to sign.
Non-binding. Carol would very likely have to return the ring to Jim because it was impliedly offered as a marriage proposal, but some states differ on this.
500
"You can have my car after I graduate if you will lend me $2,000 today."
Non-binding. Illusory promise.