Tajwar T. Chaudhry LLB diploma year 1
Beatrice made an offer to Leonato, her uncle, to incline in with him and take complaint of him since his wife had died. In exchange, Leonato promised her that if she and her husband Charles paid the re of importing mortgage payments, they would own his house when he dies. However, after being warned by Pedro, Leonatos financial advisor, he tells Beatrice and Charles to leave the house and also they will not birth a penny from his money.
In family cases the presumption is that the parties to a internal agreement do not intend to create to a legally binding contract. Though, we can see that intention to preserve the promise was present. In the case of WARD v BYHAM, a father was supposed to make payments to the mother of his illegitimate chela provided she took good care of the child. When the father failed to pay, Lord Denning stated in the court that by performing the duty of taking care of her child is providing good enough consideration. Beatrice before agreeing to move in tells Leonato that if they move in, it will be hard for them to buy a house in the rising property market when Leonato reassures them that it wont be necessary.
Hence, Leonato will lose his house both way because Beatrice and Charles have provided sufficient consideration by loss their house to move in with Leonato and also by remunerative the mortgage payments for his house. Leonato has made a unilateral offer and it was govern in the case of ERRINGTON v ERRINGTON that the offeror cannot prevent death penalty once the offeree has started performing.
Leonato should also consider that by moving in with him and agreeing to pay his mortgage payments, the couple has provided him with a practical monetary benefit by saving him from the hassle of paying postgraduate mortgage payments. It was ruled in WILLIAMS v ROFFEY BROS. that the sub-contractor saved the main contractor from hassle of dealing with breach of a contract, pulmonary tuberculosis of finding a new carpenter,...If you want to get a full essay, order it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment