Intent to Create Legal Relations

Question 1

Balfour v Balfour

Answer 1

Agreement of couple living together in one household will not have intention

Question 2

Merritt v Merritt

Answer 2

Parties had seperated therefore intention was expected

Question 3

Jones v Padavatton

Answer 3

Allowance to daughter to give up job. Bought her house. Argued mother gets possession of house again, Not contractual as no intent.

Question 4

Wilson 2007

Answer 4

Agreement to share lottery winnings between friends was given intention

Question 5

Simpkins v Pays

Answer 5

If money exchanged its legally binding. 3 household members enter competitions paying equal share entry. Entitled to share winnings=intention to create legal relations.

Question 6

McGowan v Radio Buxton

Answer 6

Prize of Renault car turned out to be toy car. Intention to create legal relations therefore liable.

Question 7

Edwards v Skyways

Answer 7

Commercial. Attempt to make by favour payment failed, gift/good will.

Question 8

Esso Petroleum v C&E

Answer 8

Offer or free gifts to promote business can be legally binding. World cup coins with every galloon of petrol.

Question 9

Kleinwort Benson v Malaysian Mining

Answer 9

Comfort letters also do not give rise to legal obligation. Letter stating intention to ensure they did not run out of funds was not guaranteed.