[Not So Rich Uncle] Gabriel Is Attempting to Convince Rachel

question 46

Multiple Choice

[Not So Rich Uncle] Gabriel is attempting to convince Rachel to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Rachel agrees, and they sign an agreement by which Gabriel agrees to provide the Mercedes and world tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event a dissolution of the marriage ever happened. Gabriel and Rachel marry on January 1. Unexpectedly, on March 1, Gabriel's supposedly rich uncle, Leo, dies. Leo has no living relatives other than Gabriel and has a will leaving everything to Gabriel who is also appointed executor. In attempting to settle the estate, Gabriel agrees orally to pay out of his own pocket debts of Leo totaling $10,000. Rachel is concerned about Gabriel's doing so. Gabriel tells her not to worry because he will get all the money back when the estate settles. Gabriel admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate. The assets were needed in large part to satisfy his obligations to Rachel. Surprisingly, it later came to light that prior to his death Leo had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Gabriel to inherit. Gabriel disavowed his agreement to pay the $10,000 to various creditors of Leo.
-Regarding Gabriel's promises to Rachel of a Mercedes and a trip, which of the following is true?

• A) The promises fall within the statute of frauds.
• B) The promises do not fall within the statute of frauds because they involve material matters, not matters involving home and children.
• C) The promises do not fall within the statute of frauds unless Rachel can prove that she would not have married Gabriel without the assurance of the Mercedes and the trip.
• D) The promises fall within the statute of frauds unless Gabriel can prove that Rachel would have married him without the assurance of the Mercedes and the trip.
• E) 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.

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