Question
Baro and his wife Hemi had been married for 12 years but had no children. Although Baro had a house in Suva, they have lived
Baro and his wife Hemi had been married for 12 years but had no children. Although Baro had a house in Suva, they have lived together in the outskirt in rental premises because of their work. The property in the City is under Baro and Hemi's name as they both provided equal contributions to purchase the property. Baro is a sociable person. Two years ago, he met a woman in a pub from Malaysia. He became infatuated by her fascinating personality, and eventually, they fell in love with each other. Last year in June, he decided to leave his wife and start a new life with his pregnant lover in Malaysia. Baro talked to Hemi about his plans, explaining that he was very sorry but that this is what he needed to do because the lover was pregnant, and she wanted to go back home. Baro promised, "that Hemi could live in the matrimonial home free for the rest of her life". At first, Hemi was very upset, but then she agreed on the condition that "he paid maintenance for their foster child of $100 per month, and let her stay in the house forever". Baro left for Malaysia and paid RM100 (Malaysian Ringgit) into Hemi's bank account for six months. Due to some financial constraint, without Baro's permission, Hemi let part of the house on rent to a family friend, who is a solicitor. When Baro came to know that Jambo (Baro's classmate and a notorious criminal), Hemi's boyfriend, had moved into the house with Hemi, he immediately stopped paying maintenance and issued a notice to Hemi and her boyfriend to vacate their matrimonial premises. Hemi wants to bring an action in the Court against Baro for breach of contract.
(a) Advise Hemi if she can enforce Baro's promises or not and can she claim that the agreement was for $100 (Fijian dollars)?
(b) Advise Baro of any possible defenses that he may have.
(answer questions under fiji jurisdiction and use caselaws where possible)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started