Contract Law: ITCLR Flashcards
1
Q
Introduction: ITCLR
A
A contract requires an agreement that the law recognizes, there must be ITCLR
2
Q
Two types of agreements
A
- Commercial
- Social and domestic
3
Q
Commercial agreements
A
- There is a presumption to be legally binding
- Edwards v Skyways Ltd: agreement was made in a business context
4
Q
Commercial: rebutted
A
“binding in honor only”
Fair in dealing but no contract is created
Jones v Vernon’s Pools
5
Q
Social agreements
A
Presumption that there is no ITCLR
6
Q
Social agreements: Rebutted
A
- Parties are not contracting on a domestic basis
- Domestic relationship had broken down
- A reliance on the contract
- Entering a competition together
7
Q
Social: Not contracting on a domestic basis
A
Albert v Motor Insurer’s Bureau
no intention
8
Q
Social: Domestic relationship has broken down
A
Meritt v Meritt
intention
9
Q
Social: reliance on contract
A
Parker v Clarke
Intended to be legally binding
10
Q
Social: Competition
A
Simpkins v Pays
Intention to create legal relations
