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?Certain contracts may be made orally but are not enforceable unless they are evidenced in writing.?

?Which of the following contracts must be evidenced in writing??

A

?A lease for more than three years?

B

?A conveyance?

C

?A contract of guarantee?

D

?A promise not supported by consideration?

?In which TWO of the following contracts will intention to create legal relations be presumed??

(1) A contract between a man and his brother in relation to the transfer of property between them?

?(2) A contract between two friends for one to wash the other's car?

(3) A contract between a mother and daughter for the daughter to pay the mother housekeeping money?while she lives at home?

?(4) A contract of employment between a company and an employee?

A

?1 and 2?

B

?1 and 4?

C

?2 and 3?

D

?3 and 4?

?Holding companies may give creditors of their subsidiary companies a 'letter of comfort' regarding the?ability of the subsidiary to pay its debts.??

What is the legal effect of a 'letter of comfort'??

A

?It is legally binding on the holding company only?

B

?It is legally binding on the subsidiary company only?

C

?It is legally binding on the holding company and subsidiary company?

D

?It is not legally binding on the holding company or subsidiary company?

Distinguish between executed and executory consideration.?

Consideration need not be (1) _____________?but it must be (2) _____________.?

If Alice promises Ben that (for a consideration provided by Ben) Alice will confer a benefit on Charlotte, then (1)___________ cannot at common law enforce Alice's promise. This is the doctrine of? (2) ___________?

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?Zri operates a business as a designer of internet web pages for a variety of business clients. Unfortunately he?has had some difficulty in recovering his full fees from a number of clients as follows:

?Ad, a self-employed car mechanic, without contacting Zri, simply sent him a cheque for half of his fees?stating that he could not pay any more and that the cheque was in full settlement of his outstanding debt. Zri?rang Ad about this and reluctantly agreed to waive half the fees.?

Bi, a newly qualified accountant, told Zri that although she could only raise the cash to pay half of the?outstanding fees she would, as an alternative to paying the other half, do all of Zri's accountancy work for?the coming year. Zri reluctantly agreed to this proposal.?

Cas, a self-employed musician, told Zri that she could not pay any of the money she owed him. However, her?father offered to pay Zri, but could only manage half of the total amount owed. Once again Zri reluctantly?agreed to accept the father's payment of the reduced sum.?

28

【論述題】

Explain whether Zri can claim his outstanding fees from Ad?

Explain:?

(i) Whether Zri can claim his outstanding fees from Bi?

(ii) Whether Zri can claim his outstanding fees from Cas

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?Adam, who operates an accountancy practice, charges ￡1,000 per year for producing business accounts for?tax purposes. Unfortunately he has had some difficulty in recovering his fees from two clients as follows.?

Bob, a car mechanic, told Adam that he could only raise cash to pay half of his fees but that he would?service Adam's car for the coming year. Adam reluctantly agreed to this proposal.?

Dawn, a not very successful musician, also told Adam that she could only pay half the money she owed him?as she needed to use the other half to finance her new recording. Once again Adam agreed to accept the half?payment. Dawn's recording subsequently became a major hit and she made ￡100,000 profit from it.?

Adam himself is now in financial difficulty and needs cash to pay his own tax bill.?

30

【論述題】

?Explain whether Adam can require Bob to pay his fees in full?

?Explain the effect of promissory estoppel on Dawn's payment to Adam