[Third-Party Woes] Jaya owed Bobby $40 for a book she purchased from him. Jaya mowed Laura's yard for $40 and made an agreement with Laura that Laura would pay Bobby for the book. Bobby was not aware of the assignment. Laura did not pay anyone. Jaya also mowed Ken's yard for $40. She agreed with Ken that Ken would give the payment to Bianca, representing Jaya's birthday present to Bianca. Ken later refuses to do so, saying that promises to give gifts are not enforceable. Ken then moved out of town. Jaya told both Bobby and Bianca that she was broke and that they would have to recover any amounts due directly from Laura and Ken, respectively. Bianca was very unhappy because she wanted to buy a new pair of sandals with the money.

Which of the following would be the likely result if Bianca sues Jaya and Ken for the $40 promised to her for her birthday?

Multiple Choice

• Bianca will win as to both because they are equally liable to provide the funds.
• Bianca will win as to Ken, but will win as to Jaya only if she can prove that Ken is insolvent and unable to pay.
• Bianca will win as to Ken, but will win as to Jaya only if she can prove that she cannot find Ken in order to serve process on him.
• Bianca will lose as to both Jaya and Ken because promises to give gifts are unenforceable in the absence of reliance.
• Bianca will lose as to Jaya because Jaya had no obligation to go through with the gift, but she will win as to Ken.