Henry, Who Is Already 25, Promised in Writing to Give

Multiple Choice

Henry, who is already 25, promised in writing to give his buddy Jake $250 as a gift when he celebrated his 25th birthday. Jake thanked Henry and kept the written promise in his wallet. But when the date arrived, Henry decided not to make the payment. Jake was understandably disappointed and plans to sue Henry for breach of contract in order to require him to make good on his promise. Why is Jake's lawsuit unlikely to be successful?

A) because Jake didn't offer any consideration to Henry
B) because Jake was a minor at the time of the agreement
C) because Henry lacks the legal capacity to enter into a contract
D) because there was no mutual assent