Question
Ted Mullens is attempting to convince Alexis Rose to marry him. He promises her that if she will marry him, he will buy a new
Ted Mullens is attempting to convince Alexis Rose to marry him. He promises her that if she will marry him, he will buy a new diamond tennis bracelet within three (3) months of the marriage and take her on a luxury European River Cruise on their first anniversary. Alexis Rose agrees, and they sign an agreement by which Ted Mullens agrees to provide the tennis bracelet and Rover Cruise tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event that the divorce. Ted Mullens and Alexis Rose marry on January 1.
Unexpectedly, on March 1, Ted Mullens' supposedly rich uncle, Roland, dies. Roland has no living relatives other than Ted Mullens and has a will leaving everything to Ted Mullens who is also appointed executor. In attempting to settle the estate, Ted Mullens agrees orally to pay out of his own pocket debts of Roland totaling $20,000. Alexis Rose is concerned about Ted Mullens agreeing to pay the estate's debts. Ted Mullens tells her not to worry because he will inherit the money back when the estate is resolved. Ted Mullens admits to a number of his friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate quickly in order to satisfy his contract with Alexis Rose and did not want anything to slow down probate. Surprisingly, it was revealed that prior to his death Roland signed away all his assets to his girlfriend in Schitt's Creek. There was nothing left in the estate for Ted Mullens to inherit. Ted Mullens disavowed his agreement to pay the $20,000 to various creditors of Roland.
Regarding Ted Mullens's promises to Alexis Rose of a diamond tennis bracelet and European cruise, which of the following is true?
a. | The promises fall within the statute of frauds unless Ted Mullens can prove that Alexis Rose would have married him without the assurance of the diamond tennis bracelet and the European cruise. | |
b. | The promises would have fallen within the statute of frauds in earlier times in history, but would not fall within the statute of frauds in this day and time. | |
c. | The promises fall within the statute of frauds. | |
d. | The promises do not fall within the statute of frauds because they involve material matters, not matters involving home and children. | |
e. | The promises do not fall within the statute of frauds unless Alexis Rose can prove that she would not have married Ted Mullens without the assurance of the diamond tennis bracelet and the European cruise. |
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