ITCLR Flashcards
What are the facts of Esso v Customs and Excise
Esso did a promotion saying if you buy a gallon of petrol you will be given a World Cup coin to collect
What was held in Esso v Customs and Excise
ITCLR as there was a commercial gain
What are the facts of Balfour v Balfour
C and D were married and D gave C a cheque and orally promised to give £30 a month. Eventually they separated and C still wanted the monthly payments
What was held in Balfour v Balfour
No ITCLR as they were married and together when the agreement was made
What are the facts of Merritt v Merritt
They separated and Mr Merritt agreed to pay Mrs Merritt £40 a month and signed a document
What was held in Merritt v Merritt
ITCLR as they were separated and the agreement was written down
What was held in Snelling v Snelling
ITCLR if family members are in business together
What are the facts of Buckpitt v Oates
Arrangement between 18 year olds to give each other a lift to work and promise to contribute to petrol
What was held in Buckpitt v Oates
No ITCLR as shared lifts and shared money was not even to warrant an intention
What are the facts of Simpkins v Pays
Ms Pays granddaughter won a prize £750 under Ms Pays name and she refused to give the money over so Ms Simpkins claimed for 1/3 of the money
What was held in Simpkins v Pays
ITCLR as money was involved
What are the facts of Wilson v Burnett
2 women reached an oral agreement of if any of them won more than £10 in bingo they would share the winnings
What was held in Wilson v Burnett
No ITCLR as casual conversations can’t be elevated into binding agreements
What are the facts of Parker v Clark
Mrs Parker and her husband moved in with her niece (Mrs Clark) so they sold their home and moved in. The Clark’s told the Parker’s that they would have to move out because the arrangement wasn’t working
What was held in Parker v Clark
ITCLR as the Parkers gave up their financial security
What are the facts of Sadler v Reynolds
Sadler agrees he had an oral agreement with Reynolds to ghost write Mr Reynolds autobiography
What was held in Sadler v Reynolds
Situations which fall into a ‘halfway house’ between domestic and commercial agreements
What are the facts of Carlill v Carbolic Smokeball
Advert that’s said if the purchaser bought a smoke ball and used it correctly and still got the flu then they would give them £100
What was held in Carlill v Carbolic Smokeball
ITCLR as they deposited money which shows intention
What are the facts of McGowan v Radio Buxton
C entered a radio competition and the prize was a Renault Clio car and the winner got a 4 inch model of the car
What was held in McGowan v Radio Buxton
There was ITCLR
What are the facts of Edward’s v Skyways
C was an airline pilot working for D and was made redundant. D said if he withdrew his contributions to the pension fund then they would pay him the equivalent in ex gratia payment
What was held in Edward’s v Skyways
The agreement suggested a legal intention to pay and the words ex gratia were irrelevant
