Interest to create legal relations

Question 1

Balfour v Balfour

Answer 1

POL- agreements of a couple living together in one household will not have intention

Question 2

Merrit v Merrit

Answer 2

POL- parties had seperated therefore the intention was presumed

Question 3

Jones v Padavatton

Answer 3

mother gave allowance to kid, to give up job , bought her a house, mother seeks repossession , second agreement was not contractual as no intent

Question 4

Simpinks v Pay

Answer 4

POL- if money exchanged it is usually legally binding
- Lodger and 2 members enter competition in lodgers name, paying equal share of entry , entitled to share the winnings

Question 5

Parker v Clarke

Answer 5

young couple sell house, move into older couples house, would inherit in death, fell out and young couple asked to leave , giving up house indicated legally binding.

Question 6

Wilson

Answer 6

Agreement to share lottery winnings between friends was giving intention

Question 7

Rose v Frank

Answer 7

POL-commercial presumption can ony be rebutted with express terms

Question 8

Sadler v Reynolds

Answer 8

POL- if the agreement falls between commercial and social , the onus is on the C to prove it was intention to create legal relations

Question 9

Edwards v Skyways

Answer 9

commercial, attempt to avoid making ex gratia payments failed

Question 10

Esso petroleum v C&E

Answer 10

POL- offer of free gifts to promote business can be legally binding , world cup coins with every gallon of petrol

Question 11

Jones v Vernon pools

Answer 11

clause saying no legal relation upheld when the company lost his winning coupon

Question 12

Klienwort Benson v Malaysian mining

Answer 12

comfort letters do not give rise to a legal obligation
- letters stating intention to ensure they did not run out of the funds was no guarantee