Kenny, because there was a valid offer, acceptance, and consideration and Jerry has failed to fulfill his contractual obligation in a reasonable matter.

Jerry’s “friend” Kenny gave him and Armani suit, which Jerry accepted gratefully. The next day, when Jerry sees Kenny again, he thanks him for the suit. Kenny tells Jerry that “it was nothing” but that if Jerry really wanted to be a good guy about it, Jerry could buy him dinner some night. Jerry grudgingly accepts. Later that week, Jerry and Kenny go out to a restaurant where Kenny orders only soup. Jerry pays for both of their meals. The next day, Kenny asks Jerry when they will go out for the dinner Jerry owes him and jerry is incredulous. Jerry tells Kenny that the night before, when Kenny had soup, and Jerry paid was the dinner. It is Kenny’s turn to be incredulous and he tells Jerry that soup is not dinner, and he intends to sue Jerry for breach of contract if Jerry does not take him out for a real dinner in exchange for the Armani suit. Jerry tells him he will see him in court, then. Who is likely to win?

a. Jerry, if the court agrees that soup can be considered dinner.

b. Kenny, if the court agrees that dinner ordinarily consists of soup or salad AND a main course

c. Jerry, because there was no consideration from Kenny in exchange for the promise to buy dinner

d. Kenny, because there was a valid offer, acceptance, and consideration and Jerry has failed to fulfill his contractual obligation in a reasonable matter.

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