George and Kelly agree that Kelly will look after their elderly mother.It is agreed that Kelly will move in with her mother and care for her, including taking her to her many medical appointments. George, it is agreed, will be responsible for the expenses associated with their mother's care.After three months, George refuses to continue to honour their agreement.If the matter proceeds to court, the court is likely to hold that the agreement:Question 20Answera.Will be enforceable, unless George can prove that the agreement was not intended to give rise to legal relations.b.Is a commercial agreement and therefore enforceable unless George can present strong contrary evidence to suggest that he and Kelly did not intend to create legal relations.c.Will be enforceable, if Kelly can prove that she and her brother intended to enter into legal relations.d.Will be enforceable if the agreement was in writing, and signed by both siblings.
Question
George and Kelly agree that Kelly will look after their elderly mother.It is agreed that Kelly will move in with her mother and care for her, including taking her to her many medical appointments. George, it is agreed, will be responsible for the expenses associated with their mother's care.After three months, George refuses to continue to honour their agreement.If the matter proceeds to court, the court is likely to hold that the agreement:Question 20Answera.Will be enforceable, unless George can prove that the agreement was not intended to give rise to legal relations.b.Is a commercial agreement and therefore enforceable unless George can present strong contrary evidence to suggest that he and Kelly did not intend to create legal relations.c.Will be enforceable, if Kelly can prove that she and her brother intended to enter into legal relations.d.Will be enforceable if the agreement was in writing, and signed by both siblings.
Solution
The answer to this question depends on the jurisdiction and the specific laws of the country in which this situation is taking place. However, generally speaking, the court is likely to hold that the agreement:
a. Will be enforceable, unless George can prove that the agreement was not intended to give rise to legal relations.
This is because, in most jurisdictions, an agreement between two parties can be considered a contract if there is an offer, acceptance, consideration (in this case, Kelly's services in exchange for George's financial support), and an intention to create legal relations. The fact that George agreed to be responsible for the expenses associated with their mother's care suggests that there was an intention to create legal relations. Therefore, unless George can prove otherwise, the agreement is likely to be enforceable.
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