Formation - Intention To Create Legal Relations Flashcards
What is the presumption for business agreements?
That there is an intention to create legal relations
What is the presumption for social/ domestic agreements?
That there is no intention to create legal relations
Are Agreements that are binding in honour only, contractually enforceable?
No
What is the case for binding in honour only?
Jones v Vernon pools
When are gifts and prizes seen to have intention to create legal relations?
When used to promote a business
What case states that gifts and prizes may have intention to create legal relations?
McGowan v Radio Buxton
Are letters of comfort usually legally binding?
No
What case is used for letters of comfort
Kleinwort benson loud v Malaysian mining corporation
What was the difference between the cases of merrit v merit and balfour v Balfour?
In balfour v Balfour the couple was married when the agreement was made, where as, in merrit v merrit the couple had seperated when agreement was made.
What was the legal ruling for Balfour v Balfour?
There was no intention to create legal relations
What was the legal ruling for merrit v merrit?
there was intention to create legal relations.
In family agreements the courts see if the agreement was domestic or with lega intent as seen in…
Jones v padvatton
When is a lottery syndicate a business agrement?
If a financial contribution is made it is likely to be a business agreement (money paid)
What case is used for lottery syndicates?
simpkins v pays
what cases stated that there should be a record of agreement in the case of lottery syndicates or else it is regarded as ‘social chatter’
Wilson and Burnett
