Intent To Create Legal Connections^ Flashcards
Reasons for Contract
commercial reasons
social and domestic reasons
Commercial
between business
presumption for intention to create legal relation
Exceptions for Commercial
Gentleman’s Agreement
- not a formal or legal agreement
Subject To Contract
- agreement not legally binding until a contract has been created
Jones V Vernon Pools
clause that there is no intention for LR
“binding in honour only”
Chillingworth V Esche
some agreement can be subject to contract
Social & Domestic Agreement
agreement between family and friends
presume there is no intention to create LR
not intended to be legally binding
Balfour V Balfour
agreement made while they were married is a social and domestic
so there was not intent to create LR
Merritt V Merritt
agreement made after break up was intended to be legally binding
Simpkins V Pays
agreement between friends to share wins was considered more than a social agreement
VS Wilson V Burnett: agree to share winning but they had to keep asking so it wasn’t LB
WIlson V Burnett
agreement to share the winnings was not legally binding as they had to keep asking
VS Simpkins V Pays: agreement was social
Parker V Clarke
they had to give up their security so the agreement was presumed to be legally binding