QUESTION 1
Jean and her mother have formed an agreement which must meet the six prerequisites for a valid contract before we can determine if Jean can claim a breach of contract. (1. p291) From the information provided, I do not believe that there is a valid contract or that Jean can claim breach of contract.
For a contract to be formed, it must meet all of the six prerequisites for a valid contract. The first requirement is ‘Intention to create legal relations’. As noted by Latimer, agreements between parents and children “do not usually give rise to contracts”. (1. p353, ¶5-520) For legal relations to be established, we would need to undertake an objective assessment regarding the agreement. If there is a precedent of Jean’s mother offering and paying money to Jean for completing work around the house or if Jean works in her own business as a Domestic Engineer, then this may be taken into consideration when determining the intentions of both parties.
A reasonable person may accept that parents and children make exaggerated statements when trying to achieve a desired outcome – for example, a child may offer a parent $1M if they take them to the circus. Was the statement by Jean’s mother mere puffery?
If it was determined that there was an intention to create legal relations, we would then need to ascertain if the remaining requirements have been met. The second is Agreement. There is clearly an agreement as there has been an offer and the offer was accepted. Jean’s mother outlined the work to be completed and Jean agreed to complete that work for the sum of $50.
The next is consideration – is there a fair exchange for both parties? If a reasonable person considered that the amount of money being paid for the tasks being performed were not ‘fair’, then it may not meet the consideration requirement. As Jean’s mother has offered Jean $50 to