2023 Contract Law Question 2 — LawShortcut Independent Model Answer
Joe promises his nephew Tony an old car "for all the times you did visit me", then changes his mind once Tony has fixed it. The question turns on past consideration and on the trap that Tony's spending, and his refusal of a free car, were reliance rather than the bargained-for price.
Scenario summary
Joe is an elderly man who looks forward to visits from his nephew, Tony. Tony is the one member of the family who calls on him regularly.
One day Joe told Tony that, as he was “the only family member that visits me regularly”, and “for all the times you did visit me”, he intended to give Tony his old car on Tony’s 21st birthday, then a month away. He added that he hoped Tony could get the car working again.
Tony set about the repair. It proved a straightforward job — only the battery needed replacing — and he paid to put the vehicle back on the road. In the same period, and purely by coincidence, he turned down a free car from a friend who was emigrating.
On the birthday itself Joe said he was delighted the car was running again — and that he had decided to keep it for himself. Tony, horrified, protested that he had spent his own money on the vehicle and wanted it. Joe replied that his mind was made up.
Candidates are asked to advise Tony as to whether there is an enforceable contract between him and Joe.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- Issue 1 — Intention to create legal relations
- Issue 2 — Consideration: the visits are past consideration
- Issue 3 — Reliance is not consideration: the battery and the refused car
- Issue 4 — A gratuitous promise of a gift
- Overall advice to Tony
- Where the 25 marks live — 8 intention to create legal relations, 7 past consideration, 7 reliance is not consideration, 3 gratuitous promise and conclusion
- Common ways to lose marks
- Authorities relied on
- The reusable answer structure
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Contract Law Model Answer Vault.
Part of the King’s Inns Contract Law Model Answer Vault — 30 independently authored model answers, 2020—2025.
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