Question
Manish Singh has built up a profitable business selling Mercedes cars in Sydney NSW. Manish and his wife Jasminder have no children. In 2018, at
Manish Singh has built up a profitable business selling Mercedes cars in Sydney NSW. Manish and his wife Jasminder have no children. In 2018, at the age of 70 years, Manish negotiates a contract with his nephew, Yuvraj, to transfer the business from Manish to Yuvraj. One of the terms of the contract is that when the business has been transferred, Yuvraj will pay to Manish an annual living allowance of $60,000 on 1 January each year, and if Manish dies before his wife, Jasminder, Yuvraj will continue to pay Jasminder $50,000 each year on 1 January for the rest of her life. Under the contract, the business is transferred to Yuvraj, who continues to operate the business profitably. Sadly, Manish dies on 30 June 2020. On 1 January 2021, Jasminder contacts Yuvraj about her $50,000 payment. Yuvraj refuses to pay any more money. Jasminder informs Yuvraj that she intends to sue him for breach of his contract with Manish. How do you think a Judge in a court would evaluate this situation? Your answer must be supported by relevant legal principles and case/s that you have learned from your readings.
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