ITCLR Flashcards
Presumption Domestic / Social
Against ITCLR
May be considered a commerical agreement if money is involved
Presumption Business / commercial
For ITCLR
Can only be rebuffed with an express statement
Jones v Vernon Pools
A clause was inserted into every contract stating “The transaction should not give rise to any legal relations”
Court held was reaonsbale and clear that there was no ITCLR
Esso v Commissioners of Customs & Excise
Petrol station giving out free world cup coins with purchase
Court held there was ITCLR and a legal obligation by Esso to give out coins
B v B and M v M
B v B - No ITCLR as married
M v M - ITCLR as NOT living in amnity
Parker v Clark
Parker moved into auntie and uncles home and shared payment of bills
agreement was they would move in and then recieve the house in the will
Parkers sold their home and moved in
Clark told them wasnt working and they’d have to leave
Court held there was ITCLR as there was property and money involved