Intention to create legal relations Flashcards
In which case was it held that in domestic situations, there is a presumption that there is no intention to create legal relations
Balfour v Balfour- husband promised £30 maintenance payment, could not be legally enforceable due to domestic relationship
Where was it held that domestic situation may give rise to legal intentions
where a third party is involved- Parker v Clark- major changes position for the younger couple- they had sold their house, so the agreement was held to be legally binding
Which case should that the agreement will not be legally binding will be rebutted in cases where one party has performed their side of the promise, and is seeking to enforce performance from the other
Merritt v Merritt: after leaving house, husband promises to transfer the matrimonial home into the wife’s sole name providing she pays the mortgage off- held to be legally enforceable
In which case was held to be a border line case
Jones v Padavaton: mother promises to provide maintenance if daughter reads for the bar, held not be enforceable as this was a family relationship as if balfour
When entering a commercial transaction what is the presumption
the presumption is that legal relations are intended: the burden of proof is on the party disputing the existence of contractual intentions.
Which case held that the presumption is hard to rebut
Edwards v Skyways
In which commercial situation was it held that there was no intention to create legal relation
Rose & Frank & Co v JR Crompton & Bros Ltd- ‘honourable’ pledge clause, expressly stated not to be subject to legal jurisdiction
In which case Challenging burden of proof, need clear evidence that intended contract even though not expressed-
Baird Textile Holdings Ltd V Marks & Spencer plc (C was a supplier to M&S for over 30 years in accordance with D’s wishes and no express contract. Without warning M&S terminated the contract with C. C claimed there was an implied contract. CA held there was no binding contract.
when will there sometimes be a requirement of formality
to provide a reliable record of fact and content. E.g. most contracts for the sale of an interest in land must be ‘made in writing’ Law of Property (Miscellaneous Provisions) Act 1989.
