Common Law, 1st yr problem based assignment

... Q: Advise Jacky if he could sue Samantha for breach of contract. Will you answer be different if Jacky had given Samantha HK$5,000 on 2 October 2009? In order to determine whether Jacky could sue Samantha for breach of contract, we have to examine whether there is a valid contract between them. According to Oxford Dictionary of Law1, a contract is a legally binding agreement arises as a result of an offer and a corresponding acceptance. However, consideration (unless the contract is by deed), the intention to create legal relations and the contract is legal have to co-exist for the contract to be legally binding. There are two major concerns in this question: firstly, whether there is a contract formed on 2nd October; secondly, whether there is a contract formed on 5th October. Hereinafter, I will examine the case with the criteria mentioned and analyse the likelihood of having a

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