Deceitful Dad promises to take Sammy Son to the store to purchase a video game over the weekend. Deceitful Dad has promised to do such multiple times, and never follows through. Sammy Son has had enough and writes a contact between Deceitful Dad and Sammy Son. Both parties sign the agreement and it is notarized. Deceitful Dad, despite the contract, fails to follow through once again. Can Sammy Son seek damages under the contract? Why or why not? Would the result be different if Sammy Son paid Deceitful Dad $15.00 to take him to the store?

 

Answer:

Facts: A father promised his son that he will buy him a video game. He has given similar promises in the past but never honored them. The son is fed up with these unfulfilled promises and got his father to write down the promise to buy in a written agreement. Both parties signed and notarized the agreement. The father again fails to buy the video game despite the contract.

Step-by-step explanation

Issue 1:  Can the son recover damages from his father for breach of contract? 

Disposition: No. The son cannot recover damages.

Issue 2:   Would the result be different had the son paid his father $15 to take him to the store?

Disposition: No. The son cannot recover damages.

Rationale:   A valid contract is created when a promisor gives a promise/ offer to a promisee with the intention that they become legally bound once the promise is accepted (Beaty.et.al.2018). A contract also needs capacity, consideration and a lawful purpose. A child cannot enter into a contract unless it is for basic necessities (Smits, 2017).  Consideration is the legal benefit or liability /detriment on contracting parties. A contract for an illegal purpose cannot be enforced by a court of law. 

The son cannot recover damages for breach of contract because the offer from their father was not made with an intention to be legally bound. Even if an argument was to be made that making the promise in a notarized document is proof of intent to be bound by their promise, the contract may not be enforced because their son has no capacity to contract.   Had the son offered to pay his father $15 to take him to the store, it still would not change the result. A video game is not a basic need that can be the basis of a child entering into a contract. 

References

Beatty, J. F., Samuelson, S. S., & Abril, P. (2018). Business law and the legal environment. Cengage Learning.

Smits, J. M. (Ed.). (2017). Contract law: a comparative introduction. Edward Elgar Publishing.