Intention to be Legally Bound Flashcards

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0
Q

Carlill’s Case

A

Here, they were seen to have intended to be legally bound, they had deposited the money into a separate account which showed their sincerity

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1
Q

Weeks v Tybald

A

Exaggerated claims which are ‘mere puff’ will not be binding

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2
Q

Balfour v Balfour

A

Presumption of no intent to be legally bound in a domestic setting with husband/wife

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3
Q

Merritt v Merritt

A

If the couple were not living together in amity at the time of the agreement then this will rebut the presumption to not be legally bound

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4
Q

Simpkins v Pays

A

Where parties share a household but are not related the court will assess all of the circumstances - here they were seen to have intended to be legally bound

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5
Q

Snelling v John G. Snelling

A

Where family relations have a business relationship they will be seen to have intended to be legally bound

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6
Q

Lens v Devonshire Club

A

‘To offer a friend a meal is not to invite litigation’ per Cheshire, Fifoot and Furmston – presumption of no intention to be contractually bound in social circumstances

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7
Q

Wilson v Burnett

A

Where there is a lottery ticket between friends there needs to be a sufficiently certain antecedent agreement for it to be bound

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8
Q

Rose and Frank Co. v Compton Bros.

A

Only express words will rebut the presumption that parties do no inten to be legally bound in commercial setting

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9
Q

Edwards v Skyways

A

The onus of rebutting the presumption in commercial context is a heay one - clear words must be used

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10
Q

Kleinwort Benson v Malaysia Mining Corp

A

A ‘letter of comfort’ stating policy were a statement of existing fact and not a contractual promise

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11
Q

Sadler v reynolds

A

Where the agreement falls between the commercial and social then it is for the C to prove contractual intention - onus is less heavy than in a purely social context

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