Contract Law: Intention to Create Legal Relations

Question 1

What are the two rebuttable presumptions?

Answer 1

• Social and Domestic agreements

- Business and Commerical agreements

Question 2

What is the P.O.L in the case Balfour v Balfour?

Answer 2

• There was no ITCLR because they were still amicable when the agreement was made

Question 3

What is the P.O.L in the case Merritt v Merritt?

Answer 3

• There was an ITCLR because they had legally separated and had a written agreement

Question 4

What is the P.O.L in the case Darke v Strout?

Answer 4

• There was an ITCLR because of the Future Rights and Obligations Policy (kids involved) and there was a written agreement

Question 5

What is the P.O.L in the case

Jones v Padavatton?

Answer 5

• There was no ITCLR because the agreement and family arrangement was too vague

Question 6

What is the P.O.L in the case Webb v Webb?

Answer 6

• There was an ITCLR because there was an onerous conveyancing process and the domestic agreement turned into a commercial one

Question 7

What is the P.O.L in the social case Simpson v Pays?

Answer 7

• There was an ITCLR because the lodger was involved and the agreement had been in place for a prolonged period of time

Question 8

What is the P.O.L in the social case Parker v Clarke?

Answer 8

• There was an ITCLR because the house inheritance was written in wills and letters

Question 9

What is the P.O.L in the commercial/business case Esso v Commissioner of C&E?

Answer 9

• There was an ITCLR because the courts wanted to protect individuals from larger businesses

Question 10

What is the P.O.L in the commercial/business case McGowan v Radio Buxton?

Answer 10

• There was an ITCLR because a prize in a competition can form a legally binding contract

Question 11

What is the P.O.L in the commercial/business case Rose and Frank Co v Crompton Bros?

Answer 11

• There was no ITCLR because it was an honourable pledge

Question 12

What is the P.O.L in the commercial/business case Edwards v Skyways?

Answer 12

• There wasan ITCLR because business agreements are presumed to be legally binding

Question 13

What is the P.O.L in the commercial/business case Jones v Vernons Pools?

Answer 13

• There was no ITCLR because the coupon had ‘binding in honour only’ written on it (honour pledge)

Question 14

What is the P.O.L in the commercial/business case Kleinwort Benson Ltd v Malaysian Mining Corp?

Answer 14

• There was no ITCLR because there was no promise or consideration provided

Question 15

What is the P.O.L in the social case Tanner v Tanner?

Answer 15

• There was an ITCLR because of a policy that parents must take responsibility for their kids

Question 16

What is the P.O.L in the social case Peck v Lateu?

Answer 16

• There was an ITCLR because this happened over a prolonged period of time

Question 17

What is the P.O.L in the social case Wilson v Burnett?

Answer 17

• There was no ITCLR because the ‘agreement’ was made after winnings

Question 18

What is the P.O.L in the social case Coward v MIB?

Answer 18

• There was no ITCLR because the ride to work was a one-off

Question 19

What is the P.O.L in the social case Albert v MIB?

Answer 19

• There was an ITCLR due to the payment involved and occurrence over a prolonged period of time

Question 20

What is the P.O.L in the social case Buckpitt v Oates?

Answer 20

• There was no ITCLR because it was a ‘gentlemen’s agreement’ due to the “travel at own risk” sign

Question 21

What is the P.O.L in the commercial/business case Weeks v Tybald?

Answer 21

• There was no ITCLR due to the ‘mere puff’ (an obviously exaggerated claim e.g financial payment)

Question 22

What is the P.O.L in the commercial/business case Confetti Records v Warner Music?

Answer 22

• There was an ITCLR because mutilation and distortion of work is only derogatory if prejudicial to honour