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MMLU / An employee had been employed by a hotel as a window cleaner for eight years…

Problem

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question

An employee had been employed by a hotel as a window cleaner for eight years when the hotel issued to him and other employees the following certificate:"In appreciation of the faithful service hitherto rendered by you as an employee of this hotel, there will be paid in the event of your death, if still an employee of this hotel, to the party designated by you below as your beneficiary, the sum of $5,000. The issuance of this certificate is understood to be purely gratuitous. "Upon receipt of the certificate, the employee designated his wife as beneficiary, signed it, and returned the form to the hotel. One year later, while still employed by the hotel, the employee died. In an action by the employee's widow against the hotel to recover the sum of $5,000, which of the following, if established, is the strongest argument against enforcement of the certificate agreement?
Plain-text mathematical notation (without MathML)
An employee had been employed by a hotel as a window cleaner for eight years when the hotel issued to him and other employees the following certificate:"In appreciation of the faithful service hitherto rendered by you as an employee of this hotel, there will be paid in the event of your death, if still an employee of this hotel, to the party designated by you below as your beneficiary, the sum of $5,000. The issuance of this certificate is understood to be purely gratuitous. "Upon receipt of the certificate, the employee designated his wife as beneficiary, signed it, and returned the form to the hotel. One year later, while still employed by the hotel, the employee died. In an action by the employee's widow against the hotel to recover the sum of $5,000, which of the following, if established, is the strongest argument against enforcement of the certificate agreement?
Original LaTeX notation
An employee had been employed by a hotel as a window cleaner for eight years when the hotel issued to him and other employees the following certificate:"In appreciation of the faithful service hitherto rendered by you as an employee of this hotel, there will be paid in the event of your death, if still an employee of this hotel, to the party designated by you below as your beneficiary, the sum of $5,000. The issuance of this certificate is understood to be purely gratuitous. "Upon receipt of the certificate, the employee designated his wife as beneficiary, signed it, and returned the form to the hotel. One year later, while still employed by the hotel, the employee died. In an action by the employee's widow against the hotel to recover the sum of $5,000, which of the following, if established, is the strongest argument against enforcement of the certificate agreement?

choices

  1. The widow was unaware of the certificate agreement until after the employee died.
  2. There was no privity of contract between the widow and the hotel.
  3. The widowin no way relied on the hotel's promise to pay the $5,000.
  4. There was insufficient consideration to support the certificate agreement.

subject

professional_law

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