which is rented out. She has to work outstation for six months. She asked her friend Jackie to collect the rent at the end of every month for six months, while she was absent. Jackie collected the rent and deposits them into Mrs. Lims bank account every month. When Mrs. Lim returned after six months, she told Jackie that she will give her $500 for the good work. Can Jackie enforce the promise?Let us first of all examine if all of the elements in a contract are present in the case. Was there an offer? Yes. Mrs. Lim offered Jackie $500 for collecting and depositing the rent collected. Was the offer valid? Yes. Was there an acceptance? Yes. The problem did not mention if Jackie said yes or no to the offer. Therefore it is assumed that silence means yes. Besides who would not want to receive an additional $500? Was there an intention to create legal relations? No. Because they were socially related. They were friends. This falls under the social and domestic agreement stating that if it is a domestic agreement between husband and wife, relatives or friends, it is presumed that there is no intention to create legal relations unless the circumstances point to the opposite conclusion. Was a consideration present? No. But a past consideration was present in this situation. Mrs. Lim made the offer after the service was performed. This service was deemed free in the first place. Therefore there was no consideration. Can Jackie enforce the promise? Well, first and foremost, not all the elements of a valid contract were present. Yes there was an offer and acceptance but two other ingredients were missing: a.) the intention to create legal relations and b.) consideration. Second, the promise was merely stated in words and not put into writing. Under the English law of contracts, all agreements should be put into writing otherwise it would be considered invalid/void. The promise is therefore deemed unenforceable. Last but not least, the word good ...
