Contract Law - Intention Flashcards
What approach do the courts take? (AO1)
Objective approach
What is the presumption in Domestic/Social agreements with a case to support? (AO1) x2
No legal relation intended.
Balfour V Balfour:
Agreement was not made in contemplation of divorce so it was held as domestic.
What is the presumption in Business/Commercial agreements with a case to support? (AO1) x2
Did intend to crest legal relation.
Edwards V Skyways.
In some cases what can occur to the presumption? With a case to support. (AO1) x2
It can be rebutted.
Jones V Vernon Pools:
Business agreement rebutted as contract stated it was ‘binding in honour only’.
What occurs in a half way house situation? (AO1)
The burden of proof falls to the party trying to prove a valid contract.
The presumption in Business/ Commercial agreements is fair because? With a case to support. (AO3)
It creates certainty.
Edwards V Skyways.
What is a counter point for the presumption in Business/Commercial agreements creating certainty? Case to support. (AO3)
Still creates uncertainty as it can be rebutted.
Jones V Vernon Pools: Rebutted for ‘binding in honour only’.
Why is the presumption in Domestic/Social agreements fair? Case to support. (AO3)
Prevents Floodgates.
Wilson V Burnet: Three women at a bingo game.
What is a counterpoint to the presumption in Domestic/Social agreements being fair? Case to support. (AO3)
Unjust conclusions of not rebutted.
Parker V Clarke: Two couples, home property.
Why is the objective approach fair? Case to support. (AO3)
Prevents disagreement between parties and dishonesty.
Simpkins V pays: Lodger entered competition under land lords name. Bound more than a social agreement.
What is a counter point to the objective approach being fair? Case to support. (AO3)
Difficult to decipher between Domestic/Social agreements and Business/Commercial.
Sadler V Reynolds: Contract between Journalist and Business woman who were friends.
How would you conclude an evaluation essay on Intention.
Addressing the question as to whether the law on Intention is ____ or not. (Reference key words in question)
