Contract law
Question 1
(a) What are the 2 essential formal validity conditions that must be present before a marriage can be valid?
(b) What is the status of a marriage that does not have either one or both conditions?
(c) Name any 4 of the 5 conditions of capacity that must be present before a person may contract a marriage.
Question 2
(a) Can she refuse to consent to Peter's application for divorce? She tells you firmly that she has not forsaken Peter at any time, and that it is he who has walked away against her wishes.
(b) Will Sue has to give up custody of their daughter to Peter? She wants to have custody of the child, but she does not mind Peter visiting the child as often as he wants.
(c) Can Peter refuse to pay her any maintenance at all? He cites the fact that she is more highly qualified than he is.
(d) Assume that Sue had lent $100,000 to Peter for his business. Peter lost all of it when his business became a total failure. If Peter now faced bankruptcy, can Sue claim her loan as one of his creditors?
Question 3
(a) What is the status of her marriage?
A. It is a valid marriage.
B. It is a fake marriage.
C. It is a void marriage.
D. It is a voidable marriage.
(b) Can Rebecca make any application to the Court for any relief with respect to her marriage? (5 marks)
A. Yes, she can apply immediately.
B. No, she must allow 3 years to lapse from the date of marriage.
C. No, she must undergo at least 3 years of separation first.
D. He is barred from applying to Court for any relief.
E. What can she consider applying to Court for?
(c) What can she consider applying to Court for?
A. Writ for Divorce
B. Maintenance for herself as a wife
C. A writ for nullity
D. All of the above
(d) Do you think that Rebecca would be able to claim maintenance from Robert? Please give a brief account of your opinion on her intended claim, assuming that both of them are of equal earning capacity. If there are any other assumptions that you need to make to address this issue, please state your assumptions and then state your arguments.
Question 4
(a) Is the Will made by Rita valid or invalid? Please explain why you take your stand.
(b) Explain how each of the properties owned by Rita will be distributed under the law, and why.
(c) How would your answer differ if Rita had a child at the date of her death?
Question 5
True and false
(a) Anyone who is at least 21 years old and of sound mind may make a Will
(b) A Will must be signed by the maker of the Will and at least 2 witnesses
(c) A beneficiary cannot be a witness to the signature of the Testator of the Will
(d) The Executor of a Will cannot be a witness to the signature of the Testator of the Will
(e) The spouse of a beneficiary cannot be a witness to the signature of the Testator of the Will
(f) There must be a formal ceremony to publish the Will before it will be valid at law
(g) If a person dies without making a Will, his properties will be forfeited to the State
(h) CPF monies can be given away in a person's Will
(i) An Executor of a Will cannot be a beneficiary
(j) Only persons with large estates may make a Will