One day Joe, 17 years of age and his brother 19 year old brother, Sam, began to talk about Joe’s future after a visit to the pub, where Sam consumed several beers.  Although Sam was somewhat intoxicated, he was capable of carrying on a rational conversation and was trying to persuade Joe to go to college.  Joe was complaining that he didn’t have any money.  After about an hour of this conversation, Sam finally said that if Joe enrolled him in college, he would support him to the tune of $5000 per year until Joe graduated.  This discussion took place in August, at the time when registration usually takes place, and the next day Joe registered at his local college, purchased his books and quit his job.  The immediate expenses were $500 and of course, the loss of a job eliminated any income that he was earning.  When he presented a claim for funds to his brother, Sam was shocked, because he had forgotten the whole conversation.  He said, “You didn’t think I was serious, did you?” and refused to pay. 

 

Sam had a drug addiction and later said to Joe that he would be willing to pay these expenses and would be willing to support him if Joe could get cocaine for him from the supply that was likely available through the student body at the campus.  Joe at first agreed to do this, but then later changed his mind and sued his brother for the amount owing on the original deal. 

 

Explain the legal position of the parties and obligations that are owed. At any point did the two brothers have a contract?