Question 1

Jane and Jack got married on 5th May 2015. Jane was an accountant by profession and Jack a high school teacher. Jack got very close to her colleague Suzie and Jane did not like this. Jane and Jack started having arguments. Eventually in September 2016 Jack left the house which he shared with Jane and moved in with Suzie. Jack and Jane wish to amicably end the marriage, and share the property. Jack agreed to transfer his share of the property (house) to Jane for $100,000. Jack agreed to transfer the car to Jane if Jane allowed his mother to stay with her for 2 years and took care of her while the Mothers migration to Australia is being processed. Once the transfer papers were ready Jack changed his mind and refused to sign the papers asserting that Jane should pay her more for the car and the house. Was there a binding agreement.

Question 2

For the following identify whether there is sufficient consideration or not: i. Meres aunty asked Mere to clean her house during school break. Mere cleaned the house but is very upset that aunty did not give her anything in return. ii. Tevita rents a house, during heavy rain the roof leaks. Tevita informs the landlord about the situation. The landlord asked Tevita to fix the roof and stay rent free for the next 6 months. Tevita fixed the roof by covering the holes with Cello Roof Glue and stopped the leak. After two months the landlord demands rent. iii. Rishi renovated his uncles house. When uncle visited from Canada he was surprised to see the house fully renovated. Uncle was elated and promised to pay Rishi. No payment was made. Rishi wants to enforce his rights. iv. Harry borrowed money from Tahu -$5000.00. Harry failed to pay the money back on the specified date. Tahu sent a legal notice to Harry. Harry informed Tahu that he would pay in inslatment,to induce payment Tahu said yes pay quickly and I will give you discount on the last payment. Tahu now wishes to claim for further interest from Harry.

Question 3

Comment on the following: i. Sammy a 17 year old secures a scholarship to complete his tertiary education in engineering. Sammy enters into an agreement with the Scholarship authority to pursue his studies diligently and maintain good grades. He is further obliged to serve his country for 3 years after completing his education. Is this agreement valid? ii. Rusi and Masi were at a drinking party. Rusi being an occasional drinker became very tipsy after a few drinks. Masi was not drunk and he persuaded Rusi to give his Rolex watch to him valued at $25,000. The watch was a gift given to Rusi on his 21st birthday. Rusi was having a great time and he didnt realise when his watch was taken off his wrist. Next morning Rusi sees Masi wearing his watch and demands it back. Masi refuses to hand it over. iii. A 14 year old who works at a supermarket is not sure whether he has a valid contract of employment or not.

Question 4

Nancy owns two houses overlooking the Grand Sports Stadium. In 2001, Nancy leased one of the houses for a term of 15 years to Babu, a soccer fan who wanted to be able to watch soccer matches from the verandah overlooking the stadium. Nancy began to live in the second house. In January, 2013, Nancy made an agreement with Cama to let her own house for a week in February while she was away overseas, so that Cama could view the Melanesian Cup, which was to be held in the stadium that month. Cama paid Nancy $200 in advance. Just before the match was to be held, the stadium was destroyed by fire and the match was cancelled. Discuss Camas rights and obligations under the contract using relevant cases.

Question 5

Tim agreed to dry clean Emas new Gucci suit. Emma was to pay $30 for Tims dry cleaning services. Tim runs a private and very small dry cleaning business. Timss customers are limited to her friends and close families. Tims business is very successful. Tims motto in life is less stress and more happiness Tim has no interest in expanding business. When Emma dropped her suit she received a note which included Tims details, business address etc. Some other details were written on the note e.g. details of suit (color, size, brand etc.) date of collection of suit and the deposit paid. At the back of the invoice there was a clause in very small letters leave your clothes at your own risk and I will not bear any liability for loss or damage. Ema collected her suit from Tims place the next afternoon. The suit was nicely packed in a plastic. When Ema took out the suit at home she noticed a large scorch mark at the back of the suit.

i. Was there a valid contract?

ii. Is the contract discharged?

iii. What are the remedies?

iv. Is the contract invalidated?