Pater and his adult daughter, Carmen, encountered Tertius, an old family friend, on the street. Carmen said to Tertius, "How about lending me $1,000 to buy a used car? I'll pay you back with interest one year from today." Pater added, "And if she doesn't pay it back as promised, I will." Tertius thereupon wrote out and handed to Carmen his personal check, payable to her, for $1,000, and Carmen subsequently used the funds to buy a used car. When the debt became due, both Carmen and Pater refused to repay it, or any part of it. In an action by Tertius against Pater to recover $1,000 plus interest, which of the following statements would summarize Pater's best defense?
He received no consideration for his conditional promise to Tertius. His conditional promise to Tertius was not to be performed in less than a year from the time it was made. His conditional promise to Tertius was not made for the primary purpose of benefiting himself (Pater). The loan by Tertius was made without any agreement concerning the applicable interest rate.
Question: Pater and his adult daughter, Carmen, encountered Tertius, an old family friend, on the street. Carmen said to Tertius, "How about lending me $1,000 to buy a used car? I'll pay you back with interest one year from today." Pater added, "And if she doesn't pay it back as promised, I will." Tertius thereupon wrote out and handed to Carmen his personal check, payable to her, for $1,000, and Carmen subsequently used the funds to buy a used car. When the debt became due, both Carmen and Pater refused to repay it, or any part of it. In an action by Tertius against Pater to recover $1,000 plus interest, which of the following statements would summarize Pater's best defense?
A. He received no consideration for his conditional promise to Tertius.
B. His conditional promise to Tertius was not to be performed in less than a year from the time it was made.
C. His conditional promise to Tertius was not made for the primary purpose of benefiting himself (Pater).
D. The loan by Tertius was made without any agreement concerning the applicable interest rate.
Answer: