Sam promises his son Jayden RM1000 per month if he begins his medical studies at University. Sam's sister, Abby, offers Jayden a place in his house if Jayden promises ti finish his studies. Jayden offers his girlfriend Mary RM50 per month if she will drive him to the University each morning.
Discuss and advise Jayden whether:
(i) agreement between Sam and Jayden form
(ii) agreement between Abby and Jayden form
(iii) agreement between Jayden and Mary form
To determine whether an agreement has been formed between the parties involved, we need to assess the elements of a valid contract: offer, acceptance, consideration, intention to create legal relations, and capacity.
(i) Agreement between Sam and Jayden:
- Offer: Sam promises to give Jayden RM1000 per month if he begins his medical studies at University.
- Acceptance: Jayden has not explicitly accepted this offer. For an agreement to be formed, Jayden needs to clearly communicate his acceptance to Sam.
- Consideration: There is consideration in the form of Jayden's promise to begin his medical studies.
- Intention to create legal relations: Assuming that Sam and Jayden have a legal relationship, there is an intention to create legal relations.
- Capacity: Both Sam and Jayden are presumed to have the capacity to enter into a contract.
Based on the information given, it seems that an agreement has not yet been formed between Sam and Jayden as Jayden has not accepted the offer made by Sam.
(ii) Agreement between Abby and Jayden:
- Offer: Abby offers Jayden a place in her house if Jayden promises to finish his studies.
- Acceptance: Jayden has not explicitly accepted this offer. For an agreement to be formed, Jayden needs to clearly communicate his acceptance to Abby.
- Consideration: There is consideration in the form of Jayden's promise to finish his studies.
- Intention to create legal relations: Assuming that Abby and Jayden have a legal relationship, there is an intention to create legal relations.
- Capacity: Both Abby and Jayden are presumed to have the capacity to enter into a contract.
Similar to the agreement with Sam, it seems that an agreement has not yet been formed between Abby and Jayden as Jayden has not accepted the offer made by Abby.
(iii) Agreement between Jayden and Mary:
- Offer: Jayden offers Mary RM50 per month if she will drive him to the University each morning.
- Acceptance: If Mary agrees to drive Jayden to the University each morning for RM50 per month, then there is an acceptance of the offer.
- Consideration: There is consideration in the form of Jayden's promise to pay Mary RM50 per month and Mary providing transportation services.
- Intention to create legal relations: Assuming Jayden and Mary have a legal relationship, there is an intention to create legal relations.
- Capacity: Both Jayden and Mary are presumed to have the capacity to enter into a contract.
Based on the information given, it seems that an agreement has been formed between Jayden and Mary for the transportation services in exchange for RM50 per month.
Advice for Jayden:
- If Jayden wants to accept Sam's offer, he should clearly communicate his acceptance to Sam to form a valid agreement.
- If Jayden wants to accept Abby's offer, he should clearly communicate his acceptance to Abby to form a valid agreement.
- If Jayden wants to continue the agreement with Mary, he should ensure that both parties fulfill their obligations as agreed upon.
It is important to note that legal advice is recommended in situations like these to evaluate the specific circumstances and applicable laws.