intention to create legal relations

Question 1

Balfour v Balfour

Answer 1

as the agreement was social and domestic there was a presumption against an intention to be legally bound

Question 2

meritt v meritt

Answer 2

when parties are separating or are separated there is a presumption of an intention to create legal relations

Question 3

jones v padavatton

Answer 3

as there was no formality in the agreement there was no intention to create legal relations and the mother could reclaim the house

Question 4

jones v vermons pools

Answer 4

no contract as the agreement to pay was based purely upon the honour of the parties

Question 5

Edwards v skyways

Answer 5

presumption that the agreement being a business was binding ex-gratia simply meant “no pre existing liability” and not to prevent any liability

Question 6

wilson v Burnett

Answer 6

the trial judge and the court of appeal dismissed any such binding agreement , and the woman’s chat or talk about any winnings had not crossed that line which exists between chat or talk and “meaning business or an intention to create a legal relationship.