Question
In September 2020, Drake and Eva got married. They quarreled quite often on minor issues. In October 2021, after a quarrel, they decided to separate.
In September 2020, Drake and Eva got married. They quarreled quite often on minor issues. In October 2021, after a quarrel, they decided to separate. In November 2021, Eva phoned Drake saying that she needed a place to stay for three months before going for further studies in Australia. Drake orally agreed to let her stay in his unoccupied apartment in Shatin for a very low rent, i.e. $100 a month. The next day Eva moved into the apartment in Shatin and the parties did not have any further discussion of the arrangement. On 1st December 2021, Drake wanted to sell the apartment and asked Eva to move out before 10th December 2021. A friend of Drake's neighbour, Jack, liked the Shatin apartment very much. On 1st January 2022, Drake decided to sell the apartment to Jack for two million dollars and a sale contract was signed. There was a clause in the contract that it was binding in honour only. After two days, Drake informed Jack that he had decided to cancel the contract because the selling price was too low. The apartment should be worth 3 million dollars. Now Drake seeks your legal advice. You must give detailed advice based on common law and the relevant statutes and cite decided cases in support on the following matters: 1.Does Eva have the legal right to remain in the Shatin apartment? 2.Can Drake cancel the sale contract? Note: Students should not discuss the problem using consideration or offer/acceptance
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