Oko and his wife Jemima have been married for 4 years and have a son. On 16th January, 2020, Oko agrees with Jemima to give her an extra GHC500 as housekeeping allowance every term if she picks up their son Ashalley from nursery school every afternoon at 2pm when school is in session. Jemima dutifully picks up Ashalley from school every afternoon for the first term but Oko has refused to pay her the GHC500 as agreed. Jemima is contemplating legal action against Oko.

A. Advise Jemima.
B. Would your answer above be different if Oko and Jemima were separated?


Answer(s):

A. My advice for Jamima would be to withdraw the contemplating action against Oko since it was not a contract enforceable by law.

It might be an agreement consisting of proposal and acceptance, but it did not get legally enforced. Such an agreement between husband and wife and never made with an intent to you go to the court. Oko just made a promise to Jamima, and such an obligation was not enforceable by law, and there was no law-binding agreement in this case since they are husband and wife and are talking about their children.

B. yes, my answer would be different if Oko and Jamima get separated, as now they are not husband and wife. Thus, their agreement would be enforceable by law, since Jamima would not be a part of the family anymore, and the judge will consider her another party in a contract.

At that time, the contract between Oko and Jamima would be any other valid contract and not a mere promise.

Then, Jamima would go to court for taking any legal actions against Oko, since they are no longer a spouse.

Legal Studies & Paralegal

You might also like to view...

Spouses who file ________ must appear together and submit to questioning at the meeting of the creditors

A) Separately B) Concurrently C) Jointly D) Timely

Legal Studies & Paralegal

Plaintiff accidentally collides with an unmarked drum filled with toxic waste, and suffers a sever

burn. What will happen if the plaintiff sues to owner of the drum? A) plaintiff wins because the defendant failed to label the drum "toxic waste" B) plaintiff wins since storing toxic waste is an abnormally dangerous activity C) defendant wins because of plaintiff's contributory negligence D) defendant wins because the plaintiff assumed the risk that the drum was empty

Legal Studies & Paralegal

Some states have enacted new measures in order to make sure that companies have appropriate workers’ compensation coverage? Which of the following is an example of such a measure?

A. Requiring the company president to file personal income tax information. B. Requiring the state auditor to review the business records of companies. C. Requiring the company to present proof of workers’ compensation coverage before being able to acquire business permits and building permits. D. Requiring the federal government to certify a business’s compliance with state workers’ compensation laws.

Legal Studies & Paralegal

?a.  gift b.   preexisting duty c.   consideration d.   statute of limitations e.   legal benefit f.    illusory promise g.   past consideration h.   legal detriment i.    promissory estoppel j.    value A benefit to the promisor or detriment to the promisee bargained for and given in exchange for a promise.?

Fill in the blank(s) with the appropriate word(s).

Legal Studies & Paralegal