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QLD Debt - Do I Now Have a Legal Obligation to Pay?

Discussion in 'Debt and Bankruptcy Law Forum' started by SCL, 11 September 2017.

  1. SCL

    SCL Active Member

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    I've just gotten out of a share house, two of the girls living there were paying a bit more in rent (as they had agreed to at the start of the tenancy) and my girlfriend sent them a message saying that I would "try to pay them back" the difference that they paid. She then later in that message said "he will pay you back what he can".

    My question is, do I actually have a legal obligation to send them that money, the difference in rent or not?

    I'm assuming not, because it was nothing more than a 'kind gesture' and the fact the key word "try" was used, nothing definitive or legally binding in my opinion.

    I ask, because we all got out of the share house on bad terms and the two girls are now saying they will seek legal action if I don't send them the money.

    Please let me know where I stand in this situation as I want to have it be over and done with asap.

    Thanks in advance!
     
  2. Rod

    Rod Well-Known Member

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    Saw your identical post in homework. What is the correct forum?
     
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  3. Rod

    Rod Well-Known Member

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    If this is a homework question, then you provide what you think is the answer and we'll comment. Knowing what unit you are studying helps as well.
     
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  4. Rod

    Rod Well-Known Member

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    Pls stop with the multiple identical posts. One is sufficient and it will be moved if it is the wrong area.
     
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  5. SCL

    SCL Active Member

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    Hi Rod,

    Apologies, I posted it a few times because I wasn't sure in which thread to place it and I wasn't aware that the post would get moved if it's been posted in the incorrect thread.

    Had I known that I would've only posted it once.

    Regards
     
  6. SCL

    SCL Active Member

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    Hi Rod,

    No, this isn't a homework question or part of any unit. This is my actual situation at the moment.

    Regards
     
  7. Rob Legat - SBPL

    LawTap Verified Lawyer

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    Have you ever made a representation that you would pay? All I can see from your post is that your girlfriend said you would try.

    If you didn't make contact about it directly, did you authorise your girlfriend to make the representation on your behalf?

    If the answer to both of these is no, then youre not obligated. If they push it, ask them to prove where you agreed to pay the money.

    Also, generally in a share house if someone is paying more rent than others there's a reason for it- bigger room, ensuite, quieter part of the house, and so on. Bring that out plus their agreement to pay more. Sou da like a bit of a 'bad blood' cash grab.
     
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  8. SCL

    SCL Active Member

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    Hi Rod,

    Many thanks for your informative response.

    With the regards to your questions: my girlfriend sent that message to them without my knowing.

    In a conversation we all had together, my girlfriend told me about the message where I agreed with what she said, as it would be a kind gesture towards the girls, but nothing more.

    Regards,
     
  9. Rob Legat - SBPL

    LawTap Verified Lawyer

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    Okay, you've effectively affirmed what she said as if you'd agreed to it in the first place.

    However, to be a binding contract (verbal or otherwise) it needs to be supported by 'valuable consideration'. This means that you have to receive something for promising to give them the money. It's the old adage 'you get nothing for nothing'. There are some narrow exceptions, and it can be something that you were given in the past - but it must have been agreed on at the time of making the 'contract'.

    Outside of that, you should consider the moral obligation of your agreement to pay the money. That's not enforceable against you. Rather, it comes down to your word.
     
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  10. SCL

    SCL Active Member

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    Hi Rob,

    Many thanks again.

    Just to clarify; While yes, I did agree to my girlfriends message at a later point in time. As the message she sent clearly say "he will try to pay" and "what he can", just confirming that this doesn't equate to me agreeing to pay a set sum or say that I "will" pay them? Hence me believing I have no obligation to do so.

    I was and have not received anything out of this, it was brought forth as a good gesture nothing more.

    This should clarify everything for me. Again, sincere thanks for your assistance.

    I feel as though them saying they will seek legal action was just a scare tactic to try and get me to pay, would they have a case of they were to proceed with this though?

    Regards,
     
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