Intention Flashcards
What is the raison d’etre of business and commercial contracts?
To make money through contracts
In which social and domestic cases was the presumption rebutted?
Merritt v Merritt, Simpkins v Pays, Parker v Clarke and lastly Ware, Foulds + Sullivan v Pitt
In which business and commercial cases was the presumption rebutted?
Rose +Frank Co v Crompton, Kleinwort Benson v Malaysia Mining Corp., Jones v Vernon Pools, Appleson v Littlewoods and lastly Ford Motor Co. LTD v AUEFW.
What are the promises presumed to be in social and domestic relationships?
Not binding
What are the promises presumed to be in business and commercial relationships?
Binding
In which case was the presumption that promises made in social and domestic agreements are not binding rebutted?
Merritt v Merritt
What was found in Simpkins v Pays?
The weaker the relationship the weaker the presumption
In which case was the presumption in business agreements not rebutted?
Edwards v Skyways LTD
What can be used to rebut a presumption?
Objective evidence to the contrary (proving otherwise)
What did LJ Downes say regarding objective evidence?
“there is no objective evidence which may be produced as conclusive evidence”
What is objective evidence?
Tangible evidence (real): Written, oral conduction
What is subjective evidence?
What is thought, not tangible.
What did CJ Bryan say regarding intention?
“the devil himself knows not the intent of man”
What was said by whom in Dalrymple v Dalrymple regarding contractual arrangements?
Lord Stowell said that “contracts should not be… the sport of an idle hour, mere matters of pleasantry and badinage, never intended by the parties to have any serious effect whatsoever”
What did Lord Atkin say was the difference between Balfour v Balfour and Merritt v Merritt?
Mr and Mrs Balfour were still living in “amity” at the time.
What did LJ Denning say in Merritt v Merritt?
“It is altogether different when the parties are not living in amity but are separated or about to separate. They bargain keenly. They do not rely on honourable understandings. They want everything cut and dried. It may be safely presumed that they intend to create legal relations.”
