Ch.4. Intention Flashcards
(2 cards)
Coward v Motor Insurers Bureau 1963
D giving V a ride to work on motorcycle.
Crash killed both, D at fault.
D’s wife claimed for damages, awarded almost 8k but D’s estate unable to pay.
Insurance did not cover passengers.
Wife claimed that D’s insurance company (D2) obligated to cover, with D being under contract as carrying a passenger for hire or reward.
Held at first instance: Evidence of personal testimony of payments for favour of riding inadmissible.
Held on appeal: Evidence admissible but did not amount to a contract enforceable under act.
Parties clearly did not intend fees to be recoverable at law.
Decision upheld.
Balfour v Balfour 1919
Husband and wife entered into agreement that he should pay 30l. a month to support herself while he was posted overseas.
She sued for alimony.
Held: Agreement did not constitute a legal contract.
Ordinary domestic arrangements can not be sued upon.
