Question
Seb is 75 years old and has been living alone in Melbourne since his partner passed away 15 years earlier. Seb's health has been declining
Seb is 75 years old and has been living alone in Melbourne since his partner passed away 15 years earlier. Seb's health has been declining in the recent past, and although he is very wealthy, he has begun to have difficulty managing his day to day living. Seb has no close relatives in Australia, so he decides to contact his best friend's daughter, Laura, who he has known since she was a little girl. Laura has been living these past five years in Madrid, Spain, running a caf. Seb asks Laura if she might be interested in coming to Australia to help take care of him, and that he would be willing to pay her a weekly wage of $1,000, set up a trust to put her two children through private high school ($500,000), and also give her his house when he passes on. After a great deal of thought, Laura decides that this was a very good offer, so she sells her caf and home and moves to Melbourne with her two children. When Laura arrives in Melbourne, Seb asks her to sign an agreement that provides for the wages and trust, but not the house. It also states the following: This arrangement is not entered into as a formal or legal agreement, and shall not be subject to legal jurisdiction in the law courts. It is only a definite expression and record of the purpose and intention of the parties concerned, to which they each honourably pledge themselves, with the fullest confidence that it will be carried through by each of the parties with mutual loyalty and friendly co-operation. 3Laura signs the agreement without reading its contents carefully. Things went well for the first few months, but then their relationship begun to deteriorate, mainly because Seb was very temperamental, and would yell and scream at Laura without good reason. Laura was especially unhappy because Seb also refused to allow her to leave the house or entertain guests. Seb tells Laura to leave, and that their deal was off. Advise Laura. Please use relevant case law to support your answer.
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