This problem is based on contracts prejudicial to the status of marriage.
In this case the contract between Jackson and Jacinta under which Jackson was supposed to
introduce Jacinta to Tajiri at a fee of Kshs 10,000, is a marriage brokerage contract and is
void for being contrary to public policy.
Secondly the promise by Tajiri to Marry Jacinta should his wife die is unenforceable as it is
void for being prejudicial to the status of marriage.
My advice to Jacinta is that she has no actionable claim against Jackson or Tajiri as the
contracts between her and them are unenforceable as they are contrary to public policy.
My advise is based on Wilson V. Cartiley (1908) where the defendant, a married man
promised to marry the plaintiff after the death of his wife who was then ill.
The plaintiff was at all material times aware that the defendant was married.
It was held that the contract was void and hence unenforceable as it was contrary to public policy.
maurice.mutuku answered the question on April 26, 2018 at 06:34
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