Business Law related question

1) Currently, Justin lived with Jeremy and his wife in the same house and he is regarded as a family member of Jeremy. Each week for the past few years, Justin, Jeremy and Jeremys wife Lucille all contributed monies with respect to the weekends Lotto with the hope of striking it rich.

Over that last few weeks, Jeremy travelled every week to the lottery agent to play the selected numbers.

There was an informal agreement between the Justin and Jeremy , that the money spent on travelling etc. will be shares amongst the three parties inclusive of Jeremys wife. In addition, whosoever wins the Lotto; the prize money would be shared amongst the three in equal amounts.

Lucille was not present at the time of the agreement between Justin and Jeremy in relation to the sharing of the prize monies. However, it was assumed that she would agree to the terms, because she was quite aware of what was going on and Jeremy had always kept her informed on this matter.

One day, Lucille was asked to travel and play the selected numbers for all the parties. To everyone surprise, they won the lotto in the sum of $6 million dollars that weekend. Justin upon hearing the news could not control himself with happiness. I am rich, I am rich, he kept saying.

However, Lucille refused to pay the 1/3rd share to Justin, stating that the arrangement mentioned above between Justin and Jeremy was arrived in a domestic setting, for which she was not present. She also claimed that no legal agreement existed because they are all family members.

Advise Justin on this matter. (6 marks)

2) Transshipping Company Limited (TCL) is a well established trucking company that transports goods from the port of Port of Spain to various destination within Trinidad and Tobago. TCL is seeking to upgrade its maintenance regime and recently published an open tender for Maintenance firms to provide routine services to their fleet of 100 trucks.

Massy Motors has a truck maintenance firm located in Port of Spain and is interested in providing TCL with maintenance services for its trucks and duly submitted a tender.

On the 1^st February 2021, TCL informed Massy that they are the selected bidder to provide routine maintenance services for their trucks and require Massy to enter into an agreement with TCL.

The contract was agreed by both parties and executed on 15th February 2021.

The contract contains the following provisions/terms;

• Massy will provide normal maintenance to certain trucks

• TCL is to pay Massy the customary maintenance fees.

Within one month of this arrangement, one of TCLs trucks ran off the road and was badly damaged. The accident was largely due to faulty brakes, which was not properly maintained. TCL is very upset about the loss and plans to sue Massy for the cost to repair the truck.

However, Massy while they did not challenge the validity of the agreed contract, they are of the view that some of the terms of the contract are not clear and such as TCL has no grounds to sue.

Advise TCL. (6 marks)