Intention to create legal relations in social situations- cards checked

Question 1

What are social and domestic agreements usually presumed to be and what can happen to them?

Answer 1

-presumed to be not legally binding
-presumption can be rebutted.

Question 2

In what 3 instances is something more likely to be classed as a business arrangement?

Answer 2

-if money has changed hands.
-when financial security is at risk
-often in the case of lottery syndicates

Question 3

Which two cases are often used to represent distinguishing?

Answer 3

-Merit V Merrit
-Balfour V Balfour.

Question 4

Which four cases often represent the matter of intention to create legal relations in social situations?

Answer 4

-Jones V Padavatten
-Simpkins V Pays
-Wilson V Burnett
-Parker V Clarke

Question 5

Jones V Padavatten?

Answer 5

-if people are close when agreement is made- there is no intention to create legal relation
-(come to England and study for the bar- live in mums house- fails exams- mum wants to kick out).

Question 6

Simpkins V Pays?

Answer 6

-did intend to be bound because it was clearly more than a social agreement.
-(lodgers putting landladies name on form with basis of sharing winnings)

Question 7

Wilson V Burnett?

Answer 7

-no intention just enquires over whether she would share the £150 not the 100k.
-(bingo lady asked if sharing after winning small win- wins large jackpot)

Question 8

Parker V Clarke?

Answer 8

-presumption that there is no legal relations in domestic relations can be rebutted if the party has relied on those terms to their detriment?
-(sell house move in/ inherit)