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7 Pages • Essays / Projects • Year: Pre-2019
TABL1710 Major Assignment based on a contract law problem: The Facts: Choy and Maggie, husband and wife, jointly own and operate a rural property in New South Wales. Billy is Choy’s son from Choy’s first marriage to Angie. Angie died two years ago and shortly afterwards Choy met and married Maggie. Billy had worked on the farm for his parents but after his mother’s death left the farm to commence a business degree at a university in Brisbane. Billy is unsure as to whether he wants to be an accountant or a farmer. When Choy hears that his aging mother, who lives in Singapore, is unwell he decides to take a year off managing and working on the farm and travel to Singapore to look after his mother. He asks Billy to give up his studies for one year and return to the farm and help Maggie to manage and operate the farm. He promises to pay Billy $30,000 and to give him a share in the property after he has completed one year of work. Billy agrees to his father’s proposition and gives up his second year university study to return to the farm. After three months of working on the farm Billy finds that he is constantly arguing with Maggie and can no longer work with her. On hearing about the problems between Maggie and Billy, Choy phones Billy from Singapore and begs him to stay on and try and resolve his difficulties with Maggie. He promises to pay Billy an extra $20,000 on his return. Billy agrees to remain on the farm and says he will try and get on better with Maggie by being ‘nicer’ to Maggie, and doing some of the housework as well as his farming duties. Billy also reminds Choy that Billy built a shed on the farm last year and that Choy had never paid him for that or for the materials. For the next nine months Billy contributes considerably to the farm work (including housework). When Choy returns and tells Maggie that he is going to pay Billy the extra $20,000 she persuades him to pay $30,000 only. She reminds Choy that Choy had paid for Billy to go to a private school and that together with his university fees, this amounted to more than $20,000. When Billy asks Choy for payment of $50,000, Choy tells him he can only spare $30,000. Billy reminds Choy of his promise to pay an extra $20,000 and to transfer a share of the property to him. Choy replies that Billy should be grateful for $30,000. Choy also tells Billy he cannot transfer a share in the farm to Billy as Maggie would never agree to the transfer. "Advise whether Billy is entitled to the extra $20,000 and a share in the farm? Discuss by reference to the common law of contract only"
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