Question
Jada Pinkett Smith owed Matthew McConaughey $40 for his autobiography that she purchased from him. Jada Pinkett Smith invited Sheree Zampino's to Red Table Talk
Jada Pinkett Smith owed Matthew McConaughey $40 for his autobiography that she purchased from him. Jada Pinkett Smith invited Sheree Zampino's to Red Table Talk for a small fee of $40 and made an agreement with Sheree Zampino that Sheree Zampino would pay Matthew McConaughey for the book. Matthew McConaughey was not aware of the assignment. Sheree Zampino did not pay anyone. Jada Pinkett Smith also invited Gloria Estefan to Red Table Talk for a fee of $40. She agreed with Gloria Estefan that Gloria Estefan would give the payment to Willow, representing Jada Pinkett Smith's birthday present to Willow. Gloria Estefan later refused to gift the $40 to Willow by stating that promises to give gifts are not enforceable. Gloria Estefan then moved out of town. Jada Pinkett Smith told both Matthew McConaughey and Willow that she was broke and that they would have to recover any amounts due directly from Sheree Zampino and Gloria Estefan, respectively. Willow was very unhappy because she wanted to buy a new shirt with the money.
Which of the following would be the likely result if Willow sues Jada Pinkett Smith and Gloria Estefan for the $40 promised to her for her birthday?
a. | Willow will win as to both because they are equally liable to provide the funds. | |
b. | Willow will win as to Gloria Estefan, but will win as to Jada Pinkett Smith only if she can prove that Gloria Estefan is insolvent and unable to pay. | |
c. | Willow will lose as to Jada Pinkett Smith because Jada Pinkett Smith had no obligation to go through with the gift, but she will win as to Gloria Estefan as a donee beneficiary. | |
d. | Willow will win as to Gloria Estefan, but will win as to Jada Pinkett Smith only if she can prove that she cannot find Gloria Estefan in order to serve process on him. | |
e. | Willow will lose as to both Jada Pinkett Smith and Gloria Estefan because promises to give gifts are unenforceable in the absence of reliance. |
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