Question

Bill is 25 years old. His uncle had promised in writing to pay him $2,000 if Bill would refrain from drinking alcohol for one year. Bill refrained from drinking alcohol for one year. However, his uncle now refuses to pay Bill as agreed-upon. The uncle claims that because Bill suffered no detriment by refraining from alcohol, his non-drinking does not constitute legal consideration and therefore no contract was formed. If Bill sues his uncle, Bill will:

A. win because Bill had a legal right to drink alcohol.

B. lose because consideration must have monetary value.

C. win because no consideration is needed in this contract.

D. lose because refraining from an action can never be considered legal consideration.

Answer

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