ITCLR Flashcards
What case illustrates ITCLR?
Esso V Customs & Excise - must prove intention to create a legal relationship for there to be a contract
What are the 3 different types of ITCLR?
Domestic
Social
Commercial
Who do domestic agreements refer to and what is the presumption ?
family members
presume NO intention TCLR
What does Balfour V Balfour say about domestic agreements & what happened ?
no ITCLR as verbally agree pay £30/month when married
How do you rebut the presumption of a domestic agreement & case/facts?
prove intention DOES exist
Merritt V Merritt- written agreement when separated
How does Snelling V Snelling relate to domestic agreements ?
family businesses est. intent as entered commercial agreement
Who are social agreements between and the presumption ?
friends, colleagues and neighbours etc.
presume NO intent
what happened in Buckpitt V Oates (social) ?
share lifts and petrol money prove isn’t intention
How could Buckpitt have proved intention?
if there was one designated driver over a long period (similar to taxi)
Why did the verdict in Simkins V Pays differ from Wilson V Burnett ?
S V P money exchanged (more likely business agreement)
W V B merely casual convo
How does Parker V Clarke show that a promise may change the outcome and what happened ?
if party RELIES on promise & acts on it then est.
P V C gave up financial security and Clarke altered will to indicate this
What case shows a ‘halfway house’ between domestic and commercial agreements ?
Sadler V Reynolds
if deal set out and exchange of promises could be ITCLR and possibly ev. of commercial agreement between friends
What is the presumption for a commercial/business agreement (case)?
IS intention (Carroll V Carbolic Smokeball Co.)
what shows anti-nuptial agreements are binding?
Radmacher V Grantino
How is intention shown through a promotion and case ?
if it gives away a collectible in return for a sale for commercial gain (Esso V Customs Excise)
how can a rebut be proven by no intention existing ?
very clear wording excluding gentleman’s agreem. (Jones V Vernon Pools/Rose & Frank V Comp.)
What words will not he sufficient unless used as part of much bigger formal agreement and what case?
‘ex gratia’ (out of goodwill)
Edwards V Skyways
