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This case study explores the legal aspects of consideration in a care agreement involving Mak, who fell ill after a trip to South Africa, and his friend Ka, who cared for him. Despite the father's promise to pay for Ka's services, legal principles dictate that consideration may not be valid if it arises from past actions or lacks clarity. Several questions are posed to examine different scenarios involving requests and promises related to payment for care. The study highlights the importance of clear agreements and enforceability in legal contracts.
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Module: Legal Aspects of BPEM Group Member: Yip Ki Fung(080209963) Yau Ching Chuen Edwin(080137140) Mak Tsz Hang(081271971) Wong Kwok Chun(081200394) Wong Sze Man(080223987) Tang Ho Yin(081138047) Group No.: 2 Course/Class: 21917/2b Consideration
Mak had a South Africa trip He ate an unknown plant He met his old friend, Ka and he felt not well Doctor said he had only 1 week life Ka took care of Mak within this period Ka noticed Mak’s father about Mak’s death Mak’s father promised to pay the service fee Case/Story
According the case, is there any consideration valid? Suggested Question & Answer 1
Later Mak’s father refuse to pay Can be executed and executory Cannot in past consideration MAK have unknown illness KA voluntarily look after Actual perform before the consideration There are no consideration Suggested Question & Answer 1
If Mak’s father requests Ka to take care of Mak, how will the judgment change? Suggested Question & Answer 2
Assume Mak’s father know about Mak’s illness Request from Mak’s father for care service Ka accept→Consideration validated A promise move from promisee to promisor’s request Suggested Question & Answer 2
If Ka calls Mak’s father and just tell that she will take care of Mak before Mak’s death, is the consideration valid? Suggested Question & Answer 3
Assume Ka have noticed Mak’s father about Mak’s illness No clear and definite amount of money in their dialogue Consideration is not valid It must not be vague before contract formed Suggested Question & Answer 3
What if Mak's father promises to give money to ka as a gift or signed document? Suggested Question & Answer 4
Mak’s father acts as a promisor and Ka acts as a promisee Make a contract with Ka Will pay to Ka for taking care of his son There is a consideration if both parties have benefit in the contract But Mak is dead Mak’s father has no benefit Suggested Question & Answer 4
Pass consideration Not valid even is a signed document Gift is not enforceable No consideration Suggested Question & Answer 4
