Question
A couple was on a vacation to England when the wife fell sick and had to stay in England for her medical treatment. The husband
A couple was on a vacation to England when the wife fell sick and had to stay in England for her medical treatment. The husband (defendant) promised to pay his wife $200 per week whilst she remained in England due to illness (the husband returned to Australia). The wife had to stay in England for six months due to her illness but her husband never paid the promised amount of money and kept saying that he will pay later. In the meantime, differences arose between the couple and they subsequently got divorced. Later, an issue arose as to whether the agreement to pay $200 to the wife was enforceable or not as the wife wanted to file a case to recover the money.
When the promise to pay $200 was made, the parties were on amicable terms (In the relationship of husband and wife). The wife now wants to recover the payment for $200 per week for 6 months but the husband refuses to pay. The wife has come to you for your advice on the matter.
Required:
Advise whether, from what you understand of contract law, who is likely to be the successful party in this case? Discuss all the relevant rules applicable to this situation and one precedent to justify your advice. (Issue, Rules, Application and Conclusion)
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