Question 1

Mrs Duatale is the surviving owner of a property at Vatuanga after her husband died in 2017. She said to her daughter, Joanna, over a mother and daughter conversation during diner: "Joana, old age is catching up with me, but I want you to have our property at Vatuanga." Two days later Mrs Duatale died.

(a) Does Joana own the property?

(b) What difference, if any, would it make if Mrs Duatale had said: "Joanna, I want you to have our property at Vatuanga. Here is the key to the premises:?

(c) What difference, if any, would it make if Mrs Duatale had said: "Joanna, I want you to have our properties at Vatuanga when I go, but it will remain yours only if you are married with a person from Vatuanga"?

Question 2

Anna runs a business importing linen in Port Vila. She has orally contracted with Boris to ship 100 metres of high quality linen to her warehouse from Taiwan, and has paid the purchase price in advance. While the linen was being unloaded, as part of a 200 metre roll, it was dropped off the side of the boat and into the harbour where it remains, irreparably damaged. Anna wishes to claim compensation from her insurer for 'loss of property in the course of business' because Boris is insolvent and unable to supply replacement linen. Can she do so?

Please support your answers with relevant authorities