Intent To Create Legal Relations

Question 1

Social and domestic agreement presumption

Answer 1

Not binding

Question 2

Jones v Padvatton

Answer 2

Shows strong relationship may indicate they did not intend to create legal relationship

Question 3

Balfour v Balfour

Answer 3

Verbal agreements indicate there was not intent to create legal relations

Question 4

Merritt v Merritt

Answer 4

Shows when agreements are written they may have had intention to create legal relations

Question 5

Simpkins v Pays

Answer 5

Not being related as well as putting money towards something are both indicators there was intent to create legal relations

Question 6

Parker v Clarke

Answer 6

Shows even if related, if big financial commitment made (putting financial security at stake) is made then it’s likely they intended to create legal relations

Question 7

Commercial agreement presumption

Answer 7

Presumption is they do want to create legal relationship but can be rebutted

Question 8

Esso v CCE

Answer 8

Promotional offers should be upheld because it’s wrong to make false promises that they benefit/profit from

Question 9

Rose & Frank v Crompton Bros

Answer 9

When written in contract that it was not legally binding, it won’t be
B2B

Question 10

Jones v Vernon’s Pools

Answer 10

When clearly stated it was not binding, it still isn’t binding in B2C

Question 11

Kleinwort v MMC

Answer 11

Reassuring statements not the same thing as legally binding statement
Can look at conduct to decide if they intended legal relations

Question 12

Edward v Skyways

Answer 12

When unclear if there was intent to create legal relations, stick with the presumption that it will be binding

Question 13

Sadler v Reynolds

Answer 13

When unclear if had social or commercial nature- it is for the party claiming it was commercial to prove this