BPP Manual Ch 4: ICLR & Capacity Flashcards Preview

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Flashcards in BPP Manual Ch 4: ICLR & Capacity Deck (25)
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1

Is the test for ICLR objective or subjective?

objective

2

What case governs ICLR?

Rose and Frank Co v Crompton Bros

3

What two situations are generally distinguished between in judging ICLR? How?From what case?

- Rose and Frank Co v Crompton Bros
- domestic and business matters
- domestic matters generally do not give rise to ICLR
- business matters generally do give rise to ICLR

4

How strong must be the evidence for ICLR in business relations? What case evidences this?

- not strong at all
- Well Barn Farming v Backhouse
- a temporary arrangement of slight importance was seen as evidence of ICLR

5

In order to deny ICLR in a business agreement, where does the burden of proof lie? What case evidences this?

- Bunn & Bunn v Rees & Parker
- burden of proof on the person attempting to rebut ICLR
- extremely hard to do

6

What case demonstrates the use of an 'honourable pledge' clause? What is this?

- Rose and Frank Co v Crompton Bros
- a clause that states that an agreement has not been written as formal or legal agreement and is not binding
- allows the rebutal of ICLR and instant break

7

When asserting that the language of a contract rebuts the concept of ICLR how ambiguous can the language be? From what case?

- rebuttal may fail if language is even somewhat ambiguous
- Edwards v Skyways

8

Give an example of how the objectivity of the ICLR test has an impact.

- Licenses Insurance Corporation v Lawson
- at an angry meeting D made a statement which a reasonable man would not have believed should be interpreted as creating a contract.

9

What is the rule in relations to adverts in ICLR?

generally do not amount to ICLR

10

Why was the general rule about adverts not followed with Carlill in relation to ICLR?

Carbolic Smoke Ball Co lodged £1000 at a bank which demonstrated their intention to be bound ie ICLR

11

How does ICLR relate to "comfort letters"?

- no ICLR
- comfort letters are a statement of current policy
- they are not promises as to future conduct

12

How does ICLR relate to agreements "subject to contract"? What two cases show this?

- strong inference that parties do no intend to be bound until the execution of a formal contract
- Eccles v Bryant and Pollock
- Chillingworth v Esche

13

From what case does the presumption against ICLR in social, family or domestic situations arise?

- Balfour v Balfour

14

When would the presumption against ICLR between a husband an wife apply? What case?

- Merritt v Merritt
- When they are not living in amity but have separated or about to separate

15

Give an example of when ICLR was found in social relations.

- Peck v Lateau
- two women regularly played bingo together, agreed to split any winnings and did so until one won £11,000
- she was obliged to share because the previous conduct of both parties was sufficient to rebut the presumed ICLR

16

What is the general rule relating to a minor's capactiy to have ICLR?

- generally cannot be bound by a contract because lack ICLR, even if the other party does not know their age or they have lied.

17

What kind of contracts are minors bound by?

1) might be bound by a contract o supply necessaries to them if the contract is for their benefit
2) minors are bound by contracts of employment, but only if they are for their benefit

18

What is the test for what "necessaries" are in relation to minors being bound by contracts? What case is it applied in?

- Nash v Inman
- claimant must show the goods are suitable to the infants condition in life
- claimant must show the goods are suitable to his actual requirements at time of sale and delivery

19

Where was the rule that minors are bound by contracts of employment for their benefit used?

Doyle v White City Stadium

20

When might a person of age lack capacity to enter into a contract?

- if the person is unable to make the decision for themself at that time
- whether the impairment is temporary or permanent

21

What statute sets out the mental capacity required to enter a contract?

Mental Capacity Act 2005

22

How is an impairment described in the Mental Capacity Act 2005?

if he is unable to
- understand the information
- retain the information
- use or weight the information
- communicate his decision in any way
(ERUC)

23

What is the incapacity rule in cases not governed by the 2005 Act? What case demonstrates this?

- Imperial Loan Co v Stone
- contract is binding unless the person claiming incapacity can prove
1) he did not understand what he was doing
and
2) that the other person knew this

24

If someone is intoxicated, are contracts they make binding? Give an example.

No - Gore v Gibson

25

How can a company act without capacity? Explain the law here.

- Ashbury Railway Carriage and Iron co v Riche
- if it fails to act within the limits of its memorandum of association
- third parties are now protected by the Companies Act 2006
- this rule now only applies to the internal workings of a company.