- 6 Marks
Question
As part of the arrangements in the home of the Ananses, the husband agreed to pay the school fees of the children. The wife decided to use part of her earnings to manage the household chores, including the provision of food. The wife had observed for some time that the husband had not performed his side of the obligation, leading to arrears of school fees. She has therefore chosen to sue the husband in a court of law to compel him to perform his duty.
Required:
Advise her
Answer
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Domestic and Social Agreements:
- Agreements in a family setting, such as between a husband and wife, are presumed not to be legally binding.
- The law generally considers these agreements as social arrangements, where the parties do not intend to create enforceable legal obligations.
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Presumption Against Legal Intent:
- Courts usually hold that domestic agreements, including financial arrangements within a marriage, lack the intention to create legal relations.
- The agreement between the Ananses falls under this presumption.
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Rebuttal of the Presumption:
- If there is strong evidence that the parties intended for their agreement to have legal consequences (e.g., a signed contract or previous legal recognition), the wife may have grounds to sue.
- However, in the absence of such evidence, the court is unlikely to enforce the agreement.
Conclusion:
- The wife is unlikely to succeed in court as her claim is based on a domestic agreement without legal enforceability.
- She may instead seek alternative dispute resolution or mediation to resolve the issue.
- Tags: Contractual Obligations, Domestic Agreements, Family Law, Legal Intent, Social Contracts
- Level: Level 1
- Topic: Company Law
- Series: Nov 2024
- Uploader: Salamat Hamid