Legal Question in Business Law in New York

To whom it may concern:

Hi my name is Danny Mormino and im a freshman at SUNY Albany. My friend is turning 18 this spring, and for her birthday her parents decided to buy her and 5 friends all inclusive trips to Mexico. As of this week, my friend is trying to cancel the trip because she is no longer friends with us. Her mom could not cancel the trip and my friend no longer wants to go. Therefore they just want to absorb the financial loss and let nobody go on the trip. Is it possible for me and the 4 other people to hold them accountable since they already bought our plane and hotel accommodations and go?


Asked on 2/22/10, 4:27 pm

1 Answer from Attorneys
Ellen Victor Law Office of Ellen A. Victor

Sorry, Danny. To explain it in simple terms, in order for a promise to be enforceable, you need to have given something in return. The law calls that consideration. This would make the promise a contract. A promise of a gift has the same problem. Unless you've given something in return, you are out of luck. Now, if you had done something in expectation of that gift, such as buy non-refundable scuba gear, you might, I say might, be able to hold them accountable for the scuba gear. There is a concept called reliance. Don't go out and buy something now, you have already been given notice that the trip has been called off.

Doesn't this make you think about going to law school?

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Answered on 2/27/10, 5:48 pm


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