Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 9

Plaintiff, Brenner, entered into a contract with the defendant, Little Red School House, Ltd., which stated that in return for a non-refundable tuition of $1,080 Brenner's son could attend defendant's school for a year. When Brenner's ex-wife refused to enroll their son, plaintiff sought and received a verbal promise of a refund. Defendant now refuses to refund plaintiff's money for lack of consideration. Did mutual consideration exist between the parties? Explain.