Intention to Create Legal Relations (Paper 3-Section B Topics 1-4)

Question 1

What is the presumption of business agreements?

Answer 1

There is an intentsion to create legal relations

Question 2

What is the presumption of social/domestic agreements?

Answer 2

There is no intentsion to create legal relations

Question 3

What is the presumption of business agreements if it is rebutted?

Answer 3

There is no intentsion to create legal relations

Question 4

What is the presumption of social/domestic agreements when it is rebutted?

Answer 4

There is intentsion to create legal relations

Question 5

Give the held of: Sadler v Reynolds

Answer 5

The burden of proof lies within the C to prove ITCLR if it is unclear whether the agreement was domestic or business

Question 6

What does ‘binding in honour’ mean?

Answer 6

Businesses cant be sued for not fulfilling in their side of agreement

Question 7

Give the held of: Jones v Vernon Pools

Answer 7

As C signed the coupon there was no contractual obligation to honour the agreement

Question 8

In business agreements where does the burden of proof lie?

Answer 8

With the person who is trying to prove there is no legal intention

Question 9

Give the held of: Edwards v Skyways

Answer 9

Payment was legally binding

Question 10

Give the held of: Esso Petroleum Co. Ltd v Commissioners of Customs and Excise

Answer 10

Esso had ITCLR when they offered a gift that was to attract more coustoms so they had to pay tax for the gift

Question 11

Give the held of: McGowan v Radio Buxton

Answer 11

There was an ITCLR. C was compensated.

Question 12

What is a letter of comfot?

Answer 12

A usually not legally binding document written by a trusted/reliable source which provides assurance that an obligation will be fulfilled

Question 13

Give the held of: Kleinwort Benson Ltd v Malaysian Mining Corporation (MCC)

Answer 13

This letter was not legally binding. MCC were not obligated to do anything

Question 14

Give the held of: Balfour v Balfour

Answer 14

The agreement was made when they were married, so it was a domestic agreement, there was no ITCLR

Question 15

Give the held of: Merritt v Merritt

Answer 15

There was ITCLR as the couple have separated when the agreement was made

Question 16

What case made prenuptial agreements legally binding, as long as both parties intended to be legally-bound?

Answer 16

Radmacher v Granatino

Question 17

Give the held of: Jones v Padvatton

Answer 17

Neither mother or daughter ITCLR

Question 18

Give the held of: Simpkins v Pays

Answer 18

She was bound to split the money as this wasn’t a social agreement.

Question 19

Give the held of: Wilson and Burnett

Answer 19

There should be some record of agreement otherwise it may be deemed ‘social chatter’

Question 20

Give the held of: Parker v Clarke

Answer 20

This was legally binding, the young couple have given up their security and they were entitled to damages