JULIUS DANIEL BILSON VS ESTHER AGYEMANG

Introduction

In this case, referring to the components that make up a contract is necessary. On 12 June 2022, the plaintiff’s claim by a writ of summons for:

a. Order for the recovery of Ghc1,000.00

b. Interest from February 2022 till date

c. Cost of suit

d. Damages for breach of contract

e. Any further cost that the honourable court may deem fit.

Plaintiff’s case

The plaintiff indicated he became attracted to the defendant and approached her to express his desire and affection for her. He did propose the intention of marriage to her, and the defendant stated she was neither married nor had a boyfriend. In fulfilment of his intention, he advanced money totaling Ghc 1000.00 based on the assurance of the defendant dating him, which would eventually result in marriage. The plaintiff asserts that, unfortunately, the defendant later told him she was already in a relationship. It must be noted that the plaintiff's pleadings were full of contradictions with his evidence in chief.

Defendant’s case

The defendant denies the plaintiff's assertion in its entirety. She stated that the plaintiff, who claimed he was a lawyer, proposed to her. Despite repeated attempts, the defendant made it clear to the plaintiff that she was already committed to another relationship but was open to the idea of him being a fatherly figure. That the monies given to her were freely given to her by the plaintiff without her requesting for same.

Analysis

According to the Black’s Law Dictionary the 11th edition, an Agreement is defined as “The consent of two or more persons concurring, respecting the transmission of some property, right or benefit, with a view of contracting an obligation” “Every promise and every set of promises, forming the consideration for each other, is an agreement.” According to Cheshire & Fiffot’s Law of Contract 11th edition at p. 27, an agreement is said to be not a mental state but an act and as an act is a matter of inference from conduct. The parties are not to be judged by not what is in their minds but by what they have written, said or done.

Once a person agrees to a proposal, it is considered accepted. Once a proposal is accepted, it transforms into a commitment. One party must propose or offer to the other to establish an agreement, and the other must signal their agreement. An agreement that does not give room for legal obligation will make the contract void. A legal obligation is a duty that can be enforced by law. It's important to note that