Determining whether Mansa will succeed in her action against Kojo involves analyzing the

legal principles of contract law. Here's a breakdown of the key considerations:

Key Legal Principles:

Existence of a Valid Contract:

There's a written agreement, the simplest way to prove that a contract exists is to have a
written document that is signed by both parties. It’s also possible to enforce an oral
contract, though certain types of agreements still would require a written contract to carry
any legal weight. These kinds of contracts include the sale of goods for more than $500, the
sale or transfer of land, and contracts that remain in effect for more than one year after the
date when the parties sign the agreement.

The elements of a valid contract (offer, acceptance, consideration, and intention to create
legal relations) appear to be present.

1. Offer: A contract begins with a clear and definite offer made by one party (the
offeror) to another (the offeree). The offer must outline the terms of the contract
and indicate the intention to be bound by these terms if accepted. The offer must
also be communicated to the offeree.

2. Acceptance: Acceptance occurs when the offeree agrees to the terms of the offer
without any modifications. The acceptance must be absolute and unconditional. Any
changes to the terms of the offer would be considered a counteroffer, not an
acceptance. Acceptance can be communicated verbally, in writing, or by actions
demonstrating consent.

3. Consideration: Considering the contract refers to the value exchanged between the
parties involved. Consideration can be in the form of money, services, goods, or a
promise to do something. It is essential for a valid contract because it differentiates a
contract from a mere agreement. Without consideration, a contract is not
enforceable.

4. Intention to Create Legal Relations: Both parties must intend for the contract to have
legal consequences. In commercial agreements, this intention is usually assumed,
while in social or domestic agreements, it may not be present.

5. Capacity to Contract: All parties must have the legal capacity to enter into a contract.
This means they must be of legal age (usually 18 or older), mentally competent, and
not disqualified by law (e.g., bankrupt individuals or minors).
 Factors Supporting Mansa's Case

Existence of a Written Agreement:

There is a signed agreement between Afua and Kojo stating that each would contribute
GHc500 per month for their mother’s care.

Courts generally uphold written agreements unless proven otherwise.

Consideration & Reliance:

Mansa relied on the agreement by hiring a live-in companion.

If she can prove she acted based on the promise, a court may enforce the agreement under
the doctrine of promissory estoppel.

Intent to Create Legal Relations:

If the agreement appears serious and not merely a family arrangement, the court may
recognize it as binding.

Factors Weakening Mansa’s Case

Lack of Consideration from Mansa:

Kojo can argue that he received no benefit from the agreement, making it unenforceable as
a contract.

Family promises are generally not binding unless supported by clear legal consideration.

Nature of Family Agreements:

Courts are sometimes reluctant to enforce agreements between family members unless
there is clear intent to create legal obligations.

Kojo may argue that the agreement was based on moral duty rather than legal commitment.
Breach of Contract:

A breach of contract occurs when one party fails to perform their obligations as outlined in
the agreement.

Kojo's refusal to continue payments constitutes a potential breach.

The court will examine whether Kojo had a legal justification for ceasing payments.

Defenses:

The court will assess whether or not there was a legal reason for the breach. For example,
the defendant might claim that the contract was fraudulent because the plaintiff either
misrepresented or concealed material facts.

In this situation the defendant could alternatively argue that this breach was due to
unforeseen and substantial financial hardship that he encountered, which rendered him
incapable of fulfilling his obligations under the said agreement. In other cases, it was not
made emphasis to what could happen if one of the parties to the agreement entered an
unforeseen circumstance which could have been an error made by both the plaintiff and the
defendant that contributed to the breach.

Kojo's defense hinges on "financial hardship." The court will scrutinize whether this
hardship was:

• Unforeseeable.

• Substantial enough to excuse performance.

• Whether or not the contract had implied terms regarding changes in financial status.

• The courts will also consider if there was any form of "force majeure" that prevented
Kojo from fulfilling his obligation.

Likely Outcome:

Mansa has a strong case due to the written agreement.

Kojo's "financial hardship" defense may be difficult to sustain unless he can provide
compelling evidence.

It is likely that the court will rule in favor of Mansa, because the written contract is a very
strong piece of evidence.
The court may order Kojo to pay the outstanding amounts and potentially continue future
payments.

The court's interpretation of the agreement and the applicable law will determine the
outcome.

Courts will review the responsibilities of each party of the contract to determine whether
they have fulfilled their obligations. Courts also will examine the contract to see if it
contains any modifications that could have triggered the alleged breach. Typically, the
plaintiff must notify a defendant that they are in breach of contract before advancing to
legal proceedings.

If the agreement didn't explicitly address financial hardship, the court may consider
implied terms or the parties' intentions during the formation of the agreement to
determine whether the suit is in Mansa's favor.

In summary:

Mansa has a high probability of success, but the court's final decision will depend on a
thorough examination of the evidence and the applicable legal principles.

If the court finds that there is an existence of a valid contract which has all elements of a
contract being satisfied such as the intent to create legal relations, that Mansa relied on the
consideration, and that there is written agreement, she has a strong case.