First Principles of Business Law
Quiz: Making a contract 

Question 14

 

 

 

A and B are happily married to each other.  A says to B: “I need to employ an extra assistant in my shop for the next six months.  If you want the job I’ll pay you the regular assistant’s salary." B replies:  "Yes, OK, I’ll do the job for the money.”  In the light of these facts, which one of the following answers is correct? 

 

(a)  B will not have a legally enforceable contract of employment with A because A and B are married to each other and any promises made by a married person to their husband or wife are not legally enforceable. 

(b)  B will not have a legally enforceable contract of employment with A because they are happily married and in these circumstances it cannot be inferred that they intended their promises to be legally binding.

(c)   B will have a legally enforceable contract of employment with A because their agreement is clearly a business or commercial agreement, not a domestic one, and it will be inferred from this that there is an intention to be legally bound.

 

 

 

 

 

 

 

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