LAW P3 CONTRACT CASES (ITCLR)

Question 1

What is the case for social and domestic agreement presumption?

Answer 1

Balfour v balfour, the agreement was a purely social and domestic agreement

Question 2

What is the case for commerical agreement presumption?

Answer 2

Edwards v Skyways, the agreement was made in a business context, therefore raising the presumption that the parties intend to create legal relations

Question 3

What is the case for social and domestic rebuttable presumption (written agreement)

Answer 3

Errington v Errington woods, there was an intention to create legal relations despite it being a family agreement

Question 4

What is the case for social and domestic rebuttable presumption (where the parties have seperated)

Answer 4

Merrit v merrit, the written agreement signed as further evidence of an intention to be bound

Question 5

What is the case for social and domestic rebuttable presumption (where there is a third party)

Answer 5

Simpkins v Pays, there was a binding contract despite the family connection

Question 6

What is the case for commercial rebuttable presumption (comfort letters)

Answer 6

Kleinwort benson ltd v malaysia mining corp, the comfort letter had no legal effect

Question 7

What is the case for commercial rebuttable presumption (binding in honour only clauses)

Answer 7

Rose and frank v crompton bros, the honourable pledge clause rebutted the presumption which normally exists in commercial agreements