Scenario
Rhonda’s 30th birthday was approaching. Rhonda decided that she wanted to do something special for the occasion. The first thing that came to mind was a trip to Paris. A country girl, she had never been there but had always dreamed of spending a week in the Paris. Unfortunately, Rhonda was a little short for money as she had recently gone back to university to study performing arts. Rhonda did, however, have ten thousand dollars saved up in the bank. She was going to put this money towards new microphones and amplifiers for when she graduated from university.
Rhonda’s father, Ben, asked his daughter what she wanted to do for her 30th birthday. Rhonda told her father of her dream to visit Paris but that she really did not have the funds to make this a reality. Ben said to Rhonda:
“You only live once. You should go to Paris while you are still young enough to fully enjoy it”.
Ben then promised Rhonda to reimburse her for the expenses associated with the trip. Rhonda was delighted and replied:
“You’ve got a deal”.
Rhonda and Ben shook hands and Rhonda left to research her itinerary.
The next day, Rhonda informed her father that a one-week trip would cost around nine thousand dollars ($9,000.00) – inclusive of all travel, accommodation and tours. Rhonda worked out that the remaining one thousand dollars ($1,000.00) would be used for food and gifts. Ben said:
“Fantastic. Go and enjoy yourself. You deserve this”.
Rhonda replied:
”You are the best dad in the entire world. I could not have afforded this without you”.
Ben replied:
“Enjoy. It’s on me”.
Upon returning to Victoria, Rhonda went to visit her father to tell him all about the trip and to show him the great photos she had taken. After showing her father the photos, she then asked when she would be able to be reimbursed for the trip. Ben replied:
”I was only joking. You are big enough and ugly enough to pay for your own overseas trips. No-one made you go. You had the money and it was your decision. Sorry but that is life and at 30 you should know this. No money for you”. Rhonda screamed “you promised”.
Rhonda stormed out of her father’s home and they have not spoken since.
Advise Rhonda of the following:
- Will she be able to satisfy and prove the formation of a contract. Your answer should refer to relevant case law.
- What other options if any does Rhonda have to enforce the contract? Your answer should refer to relevant case law
answer in IRAC format
