There are eight (8) questions.

You are required to answer ANY FIVE (5) QUESTIONS. EACH QUESTION = 6 MARKS

1) Ben emailed Jennifer enquiring if she is willing to sell her upscale home in Manhattan to him for US$2 million. Ben is seeking to add additional real estate, to diversify his investment portfolio and is aware that Jennifer sits on a prime property in Manhattan. Ben further alluded in his email to Jennifer, that if she agrees, email to him the price she is willing to sell.

Within twenty minutes, Jennifer emailed Ben, stating The lowest price she is willing to accept for her home is US$3 million.

Ben responded immediately, stating that he agrees to purchase Jennifers home for US$3 million. He was of the opinion that even at US$3 million, it was still a good investment deal.

The next day Bens attorney contacted Jennifer to arrange for the transfer of the property, which left Jennifer in shock. She pointed out to Bens attorney that she had no agreement with Ben to sell.

Advised Jennifer on this matter. (6 marks)

2) Y. Musk Public Company Limited, placed an advertisement in the Washington Post as follows; Visit the Planet Mars with us. We can provide this service to you at a cost of US$5 million. If you are interested kindly book your flight by calling 662- MARS.

Joe B who always had a keen interest in Planetary science, got excited when he saw the advertisement and called immediately. He booked his trip for June 2025, but failed at that point to consider the

US$5 million cost.

Joe Bs wife June, discovered of her husbands intentions for his trip to Mars and is furious, because the funds they jointly hold are for their retirement. If Joe B utilizes the projected $5 million, it will deplete their retirement funds entirely. She confronted him on the issue and after a few hours of arguments, he agreed to forsake his much-anticipated trip to Mars.

Joe B called Y. Musk Public Company Limited and informed them that he no longer is interested in going to Mars due to unforeseen circumstances. Y Musks Customer Service Representative informed him that he had an agreement with her Company, since he accepted their offer that was placed in the Washington Post.

Joe B is confused and is seeking your legal advice on this matter. (6 marks)

3) The manager of Trinity Parks wanted police protection due to possible terrorist threats, which over the past few months have targeted several play parks. The Police suggested that a mobile patrol would be enough based on intelligence, but the manager insisted on a permanent police presence. The manager then offered to pay, if the Police will provide a permanent protection over the next two weeks.

The police agreed thereafter to provide 10 officers at a rate of $100 per day, per officer which they maintained over the two week period.

At the end of the two week period, the Police Authority sent an invoice to Trinity Parks for their services, but the said Manager refused to pay and argued that the Police are under a duty to protect the company from any pending lawlessness, and as such they cannot charge for their services.

Please advise the Police Authority on this matter. 6 marks

4) Trump is an antique dealer. On Saturday May 11^th 2021, he placed a set of antique plates in the window of his shop with a sign, which stated exceptional piece of 19th century pottery an offer for $10,000 for the entire set. Brian walked past the shop on the said Saturday at 8 am, noticed the plate set and was interested largely due to its antique status. Unfortunately, he was late for an important meeting and could not go into Trumps shop to execute the purchase. As soon as his meeting was concluded at 11am, he wrote to Trump agreeing to buy the antique plates for the stated price of $10,000. The letter was posted at 11:30 am on the said day 11^th May 2021.

Jet Lee visited Trumps shop and indicated that he would like to purchase the plate sets, but was only willing to pay $6000 for it. Trump replied that he would accept $7500 for the plates and no less, but Jet Lee insisted that he was only willing to pay $6000 and left the shop. However, on his journey home Jet Lee realized that $7,500 was actually a very good price for the plate set and he immediately wrote to Trump agreeing to purchase at $7,500. His letter was posted on 11^th May at 12:30 pm.

Advised Trump if there are any contractual relations with both Brian and Jet Lee. (6 marks)

5) 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)

6) 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)

7) In March 2021, Brittany started a business as an independent website designer. To get her business going with new clients, her brother Brick contracted to gave her $50,000 to update his retail business website. At the same time, her friend Brad a stockbroker, asked her to update his database, and also contracted to gave to her $25, 000.

Within a few weeks, Brittany had completed the two projects but was not paid. By that time, her design business had become a huge success with several new additional clients. When Brick and Brad discovered that fact, they both felt that they should not be asked to pay for the work they had commissioned. Brick said he would not pay the $50,000 because, he had only offered the work to help his sister when she started the company, but now she is quite successful. Brad indicated as well that he would not pay anything either, because he had only gave to her the job to update his database on the basis of their friendship.

Advise Brittany as to whether she can enforce her contract with Brick and Brad respectively.

(6 Marks)

8) Nelson Ltd. is a publisher, specializing in producing fictional textbooks. In January 2018, they decided to produce a new edition of a particular book and commissioned Hilary and Donald to produce the work. Hilary was to provide the text and Donald was to produce the extensive diagrams and each of them was to be paid $25,000.

The contract entered into between Nelson Ltd and Hilary required the text to be produced by 30th April 2017 and the terms of Donalds contract required the diagrams to be submitted by 30th June 2017. In March 2017, Hilary informed Nelson Ltd that she would not supply the finished text on time, unless Nelson Ltd increased her payment by $5,000. Nelson Ltd agreed to the increase, but when Hilary submitted her invoice on delivering the text, Nelson Ltd refused to pay the additional amount. In May 2017, Donald informed Nelson Ltd that he was no longer willing to produce the diagrams for the book. Nelson Ltd however, can get someone else to produce the diagrams, but given the time lost, they will have to pay an additional $1,500 to produce the diagrams on time for printing the textbook as originally planned.

Required: In the context of the law of contract, advise: (a) what action Hilary can take against Nelson Ltd to enforce the additional payment; Can Nelson Ltd take any actions against Donald for his failure to produce the diagram as agreed? (6 Marks)