Intention Flashcards
What cases are example of domestic and social agreements?
Wilson and Another v Burnett (2007)
Balfour v Balfour (1919)
Merritt v Merritt (1970)
Parker v Clark (1960)
Simpkins v Pays (1955)
Wilson and Another v Burnett (2007)
Where an agreement to share winnings from bingo was held to be legally enforceable as although they had agreed at the beginning of the evening to share any prize money over £!0 it was just discussion or chat – there was no clear agreement and no intention to create legal relations.
Balfour v Balfour (1919)
A husband who was working abroad promised to pay his wife a sum of money while he was away. The husband did not pay and was sued by the wife. They were married at the time of the agreement and such it was informal agreement and was held not to be legally enforceable.
Merritt v Merritt (1970)
The money payment from one party to another was enforceable as the couple were separated and the couple intended it to have legal consequences.
Parker v Clark (1960)
The Parkers agreed to move in with the Clarks so they could help with the household chores and contribute to the household bills. The two families were related. As a consequence of the arrangement the Parkers had to sell their house. Mr Clark wrote to the Parkers to say in return for the efforts the house the Clarks lived in would be left to them in their will. The two couples fell out and the Parkers were asked to leave. It was held this was an intention to create a legally binding agreement as Mr Clark had changed his will and the Parkers had relied upon the promise to their detriment – they had also given away the proceeds of the sale of the house to their daughter.
Simpkins v Pays (1955)
An arrangement between friends to enter a weekly competition was held to be legally binding as they each took it in turns to pay the entry costs and they agreed to divide any winnings equally. It was a joint enterprise into which each party contributed financially.
What case is an example of a business arrangement?
Rose & Frank Co v Crompton & Bros (1925)
Rose & Frank Co v Crompton & Bros (1925)
The defendant appointed the claimant as sole distributor of his paper tissues in the USA. The agreement stated that it was not a formal legal agreement and that is shall not be subject to legal jurisdiction in the law courts. The defendant ended the agreement without notice and refused to accept orders made under the terms of the agreement. It was held that there was no binding legally enforceable contract between the parties.
