OVERVIEW OF TIPS
Lydia can probably claim the perfect interest underneath proprietary estoppel where the lady can assert for damages from Cynthia. Lydia might also have a contractual driving licence with Cynthia which Cynthia cannot revoke at will.
Lydia Barnet's (Client) Objectives
Lydia does not need to leave the bungalow which she gets lived in and maintained to get ten years. Lydia is looking for an answer which will enable her for making this likely. She understands there has not really been an official agreement among herself and Cynthia that could enable her to live in the cottage even so long your woman chooses. Before Lydia came into the holiday cottage, Lydia told her she may live presently there for so long as she needed. All your woman had to do was keep up with the maintenance. Cynthia distributed the cottage to Digby and he was aware of the arrangement built between Cynthia and Lydia as per the email correspondence between Cynthia and Lydia. Digby paid much less for the cottage for that reason arrangement.
There are 4 possible areas of law that we will be taking a look at to come up with the best possible solution intended for Lydia. We are looking at deal to determine if perhaps there was breach by Cynthia? Does Lydia have a beneficial interest? In the event that Lydia does have a beneficial curiosity, what kind of interest is it, a under beneficial trust and/ or proprietary estoppel? Was there are contractual licence between Cynthia and Lydia?
1 ) Breach of contract if perhaps there in one?
Is there a deal between Lydia and Cynthia?
A contract can be explained as a legitimately enforceable agreement1. There are three essential components of a contract; these are agreement (offer and acceptance), consideration and intention to create legal relations.
An offer can be defined as an " expression of willingness to contract for the specified conditions without further more negotiation and must be distinguished from an invitation to treat2
In such a case, it looks like a package was made simply by Cynthia to Lydia to reside Cynthia's bungalow for so long as she liked as long as Lydia kept up with the maintenance. In Lydia's assertion she stated, " the girl (Cynthia) asked if I want to live in the cottage nevertheless
persuaded me to this I would always be doing her a favor by looking after the place. ” With this statement one can possibly clearly notice that Cynthia was making a package Lydia.
Acceptance can be defined as " a final phrase of assent to the terms of the offer manufactured in response to that offer3”. In the facts succumbed this case, one can possibly probably say that by Cynthia moving into the cottage and maintaining this, this can total acceptance simply by Lydia.
Consideration was defined further in the case of Currie v Misa4, where that stated, " Valuable consideration in the sense from the law might consist either in some proper interest, revenue or profit accruing for the one get together, or some forbearance, detriment, loss of responsibility presented, suffered or undertaken by other. ” According to the case facts, we may establish there is consideration because Lydia is usually promising to conserve the cottage even though she is in order to live right now there. Lydia presented consideration when it was to her detriment (financial). Cynthia was able to benefit as her cottage will probably be looked after and maintained. Lydia was as well able to profit because she will have anywhere to stay rather than be destitute.
C. The past element of a contract is the objective to create legal relations. To treat an agreement while binding, the parties themselves must have intended to be legally enforceable. The tennis courts have desired to distinguish agreements that should and should not always be enforceable. There are the home or social agreements which may be categorised below agreements between family members. This is often illustrated regarding Balfour sixth is v Balfour5. In this case, it was kept that the accused had zero intention to create legal associations and it absolutely was seen as a solely domestic contract. Cynthia and Lydia will be family...