Amy and Brendan Are to Be Married

question 6

Multiple Choice

Amy and Brendan are to be married. Brendan has recently bought a plot of land on which he hopes to build their dream home. As a wedding present, Amy's parents decide to arrange for the construction of the new home. Amy's father contracts A&B Builders Co to build a house on Brendan's land for Brendan's benefit. Brendan accepts the arrangement and goes on a shopping spree with Amy to buy furniture for their new home. Before Amy's father has secured the loans, he discovers that Brendan has been having an affair. He tells Amy and she calls the wedding off immediately. Amy's father calls A&B Builders Co and its owner, whose own daughter is planning to get married soon, agrees to a mutual discharge of the contract. Can Brendan enforce the contract made on his behalf?

• A) No, he is not privy to the contract.
• B) No, he has provided no consideration for the promise; it was a unilateral gift.
• C) No, the contract was validly discharged by mutual agreement.
• D) Yes.