JD Next Practice Exam

Under what condition can a verbal promise become enforceable?

1. When it is supported by consideration

2. When documented by a legal professional

3. When both parties are present at the time of promise

4. When made in the presence of a witness

The correct answer is: When it is supported by consideration

A verbal promise can become enforceable when it is supported by consideration. This means that for a verbal promise to hold legal weight, there must be something of value exchanged between the parties involved. Consideration is a fundamental element of a legally binding contract, indicating that both sides provide something that justifies the promise made. For example, if one party promises to deliver a service or a product and the other party agrees to pay for it, there is consideration on both sides. Without this mutual exchange, the promise might be viewed merely as a casual or informal commitment that lacks the elements necessary for enforcement in a legal context. In contrast, simply having a promise documented by a legal professional or in the presence of witnesses does not automatically make it enforceable unless it is coupled with consideration. While these elements can lend credibility to the promise, they do not replace the need for a valuable exchange. Likewise, having both parties present during the promise-making does not, by itself, satisfy the requirement for enforceability if consideration is lacking.