Legal Information
Special Contract for Moms
Show #255 Airing: Sunday, May 9, 2004

It’s Mother’s Day. Your kids, at least, and maybe your grandkids, might give you a present. Perhaps the treat will be a little homemade coupon book. You can imagine the offerings: One coupon says it’s good for a massage. Another says you can redeem it for a car wash. Then there are the ones that can command your child to wash dishes, do laundry, and clean the garage.  Your kids or grandkids may be well intentioned. But just try to cash those coupons in after Mother’s Day has passed. Good luck! Odds are your child or grandchild will be too busy with friends or homework, or maybe he just never expected that you’d actually want him to fulfill his promise.

There are probably more unredeemed Mother’s Day coupons out there than unused Entertainment book coupons. So today on this Mother’s Day, I’m going to help all you meek moms turn the table on those welshing whippersnappers.

Here’s the deal.  Normally, you can’t force a child to fulfill promises made to you as part of a gift. To turn a gratuitous gift into a binding contract, you must give something to your child or grandchild in exchange for the coupon book.  In the law, it’s called “consideration.” It’s like an exchange; you must provide something that you wouldn’t have given the youngster had you not received the cute little coupons.  You might offer your child or grandchild a big piece of cake, or some ice cream with fudge sauce. Or perhaps you take her out to lunch. Maybe you give your grandson a shiny new silver dollar. All this is done to acknowledge receipt of that coupon book.  Once the little angel accepts your offer, you’ve turned your grandchild’s gift into a contract, and then you’ve got him!

So here’s what to do. When he gives you that little coupon book, graciously thank him. Then give him something in exchange.  Next ask him to tell you if there are any conditions or limitations, such as that they can only be used over a weekend. And find out if there’s an expiration date. Then write down his answers. He may think it’s odd, but he’ll understand, later. When you ask to cash in one of the coupons, hopefully he’ll gladly comply. Then again, maybe pigs will fly, too. If he begs off, tell him that those cute coupons have become binding legal contracts. He’d better switch off American Idol and get over to your house to wash your dishes. Otherwise, you’ll see him in Court.

Boy, won’t little Johnny be surprised when he gets his subpoena duces tecum! Just seeing his face as he reads his court summons may be enough to make your Mother’s Day!

This should show your youngsters not to mess around with grandma! Of course, you probably won’t get another coupon book as a gift. Next year, maybe you’ll get something a little less troublesome. Like a gift certificate to a spa or perfume. That’d be nice.

Oh, one more thing. I’ve been talking to mothers and grandmothers. But for you wives out there, you don’t have to worry about turning coupon books into contracts. As I’ve learned, you’ve got a lot better weapons than the law for enforcing your husband’s promises.

3/14