Intention To Create Legal Relations

Question 1

Rose and Frank v Crompton & Bros 1924

Answer 1

Exclusivity clause which excluded legal enforceability for its breach, no intention to create legal relations due to this. Known as honourable pledges

Question 2

In what situations is it and is it not presumed ICLR

Answer 2

Commercial situations there is a presumption of ICLR, in domestic situations no presumption of ICLR

Question 3

A case which upholds that there is so ICLR in domestic agreements and on which in an exception

Answer 3

Barfour v Barfour 1919 - Oral agreement about payment of an allowance, not enforceable
Merritt v Merritt 1970 - agreement was in writing

Question 4

Confetti Music v Warner Bros UK Ltd 2003

Answer 4

No ICLR when use of the word subject to contract, until a further document is provided.

Question 5

Collective bargaining agreements?

Answer 5

Not intended to be legally binding, it must state specifically or be included within a formal legal document

Question 6

Are contracts enforceable on minors?

Answer 6

A contract between a minor and an adult is not binding on the minor unless, at the age of 18, the minor ratifies the contract

Question 7

When can minors contract?

Answer 7

Contracts for necessaries (unless the child already has a good supply) Nash v Inman 1908

Question 8

Exclusions to a minor being able to contract, when a contract of service?

Answer 8

Doyle v White city stadium 1935 - binding on the minor since it was not only to encourage clean fighting but also proficiency in boxing and of benefit to the minor

Question 9

Can a person have capacity to contract with diminished mental capacity?

Answer 9

The mental capacity Act 2005, contracts will be voidable, unless they were not aware of their mental capacity at the time