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Jenny is a dancer and she and her team have been performing for small private events for the past couple of years. She has been struggling a lot and trying to make it big, but is not getting the right opportunities. In July, her friend introduced her to the manager of a large bar and restaurant in a five star hotel in Central. The manager, Ivan, promised Jenny that he would give her an opportunity to perform in an annual ball held at the hotel in September. On 1st of September 2021, Ivan called Jenny and asked her to perform in the hotel on 18th September 2021. He asked her to rehearse and be ready to dance at least on 2 super hit songs. Jenny and her team prepared and danced very well. Her performances were appreciated a lot with the cheer of once more, once more from the crowd. Jenny was very happy. After the late night event Ivan came to Jenny and he was delighted. He said to Jenny that he did not know that she could dance so well and said that he will keep in touch with her and will offer her more opportunities to perform in the hotel. He then said that he will pay her $10,000 cash as appreciation, later in the week.

Jenny never heard from Ivan and was disappointed for not getting the promised money. She wants to sue Ivan for not fulfilling his promise. She has come to you for advice. Fully explain to her the legal rights regarding the promise.

(a) Advise whether Ivan is required to pay Jenny the HK$10,000 under contract law.

Ivan could see Jenny was very unhappy. So, he gave Jenny a cheque for HK$3,000 and two concert tickets worth a total of HK$2,000. Jenny was happy and agreed not to sue Ivan.

(b) Assuming that Ivan was legally liable to pay Jenny the HK$10,000. If Jenny initially agreed to accept the HK$3,000 and the concert tickets, advise whether Jenny can subsequently sue Ivan for the remaining HK$5,000 under contract law.

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