ELEMENT 3 : INTENTION TO CREATE LEGAL RELATIONSHIP Flashcards
1
Q
Esso Petroleum v commissioners of customs and excise
A
- Esso would give a coin (footballer’s face on 1 side and “esso” on the other side) to customers for every 4 gallons of petrol
- it is free gift and legally binding
(intention to create legal relation)
(Commercial Agreement)
2
Q
Edwards v Skyways
A
- The airplane company had mentioned of giving ex gratia payment to employees who choose to resign
- a pilot had done that but didn’t received any payment. (company refused to pay)
- held that the agreement said between the airline company wasn’t domestic and have intention to create legal relation.
(intention to create legal relations)
(Commercial Agreement)
3
Q
Balfour v Balfour
A
- husband worked abroad
- wife stayed in England
- husband promised to pay wife an allowance of 30 per week
- HE DID NOT
- held that it was purely domestic
(Domestic Agreement)
4
Q
Jones v Padavatton
A
- a mother agreed to pay a daughter allowance when she went to England to study for bar
- she would go to Trinidad once she qualified
- mother bought house and supplement
- daughter didn’t do any those stuff
- mother got repossession of the house
(Domestic Agreement)
5
Q
Wilson v Burnett
A
- 3 woman attended a bingo game
- two people said that they should share any prize above 10
- one of them won 100 000
- evidence not conclusive
- no contract was form because it was purely domestic
6
Q
Appleson v Littlewoods and Jones v Vernon Pools
A
- the claimant had filled in 2 coupons that states “binding in honour only”
- claimant couldn’t claim prize money
- there was no intention to create legal relation
- rebuttal presumption
7
Q
Rose & Frank v J R Crompton & Bros
A
- an American company and British company had entered into a sole agency agreement for the sale of paper
-a written agreement (1913) stated it was not a formal or legal contract and “honourable pledge” - British cancel the agreement due to it not being binding
- no legal contract
8
Q
Merrit v Merrit
A
- husband and wife are divorced
- they once jointly owned a house
- she requested that if she had payed the balance of the mortgage, the house’s name is only her
-once paid, the ex husband appealed saying it was purely domestic agreement between husband and wife - held since they are no longer spouses, domestic agreement doesn’t apply
9
Q
Simpkins v Pays
A
- a lodger and 2 members of a household entered into a newspaper competition
- the payment fee was paid equally but the entry made under the lodger’s name
- the agreement was made that they would share the winnings
-won 750 but lodger refused to pay - held it was bound by the agreement
