Intention to be Legally Bound Flashcards
Carlill’s Case
Here, they were seen to have intended to be legally bound, they had deposited the money into a separate account which showed their sincerity
Weeks v Tybald
Exaggerated claims which are ‘mere puff’ will not be binding
Balfour v Balfour
Presumption of no intent to be legally bound in a domestic setting with husband/wife
Merritt v Merritt
If the couple were not living together in amity at the time of the agreement then this will rebut the presumption to not be legally bound
Simpkins v Pays
Where parties share a household but are not related the court will assess all of the circumstances - here they were seen to have intended to be legally bound
Snelling v John G. Snelling
Where family relations have a business relationship they will be seen to have intended to be legally bound
Lens v Devonshire Club
‘To offer a friend a meal is not to invite litigation’ per Cheshire, Fifoot and Furmston – presumption of no intention to be contractually bound in social circumstances
Wilson v Burnett
Where there is a lottery ticket between friends there needs to be a sufficiently certain antecedent agreement for it to be bound
Rose and Frank Co. v Compton Bros.
Only express words will rebut the presumption that parties do no inten to be legally bound in commercial setting
Edwards v Skyways
The onus of rebutting the presumption in commercial context is a heay one - clear words must be used
Kleinwort Benson v Malaysia Mining Corp
A ‘letter of comfort’ stating policy were a statement of existing fact and not a contractual promise
Sadler v reynolds
Where the agreement falls between the commercial and social then it is for the C to prove contractual intention - onus is less heavy than in a purely social context
