Bart was a self-made millionaire who had earned his fortune by dedicated hard work. Bart had worked so hard that he never had developed much of a social life. Bart met Linda and fell in love with her. When Bart proposed to Linda, she told him that she

Question

needed time before making such an important decision. Pressing her for a favorable response, Bart telephoned Linda and promised her $100,000 if she would marry him. Linda then accepted the proposal. Bart contracted with Quick Builders for the construction of a home Bart intended to move into with Linda after their marriage. Construction by Quick was not very quick because Quick was not paying subcontractors the sums that they were owed. They, in turn, were not completing their work. To expedite matters, Bart called the subcontractors and assured them that Bart would pay any sums that Quick Builders did not pay if they would complete the construction. Bart and Linda married and the subcontractors completed the work. Quick Builders did not pay the subcontractors in full. Bart failed to pay Linda the $100,000. Both Linda and the subcontractors sued Bart. Discuss the probable outcome of the lawsuits.

Answer 1

Linda's lawsuit will be unsuccessful because contracts made in consideration of marriage must be evidenced in writing and signed by the party disputing the contract (Bart).
The subcontractors will win their lawsuit. Although the promise to answer for someone else's debt generally must be evidenced in writing, when the promise is made primarily to benefit the promisor, proof of the oral promise is permissible. Here, Bart made the promise for Bart's own benefit.