Intent Flashcards
Case of Jones V Vernons pools
Winning football coupon which he signed, stated that the transaction was binding in honour only.
Decision- as agreement was based on honour of parties and not legally binding, there was no intent to create legal relations and no legal contract
Case of Edwards v Skyways 1969
Skyways tried to avoid making the agreed ex gratia payment in Edwards redundancy. This failed because while ex gratia suggests a voluntary payment with no liability to make it, agreement here was seen as business agreement
Decision- presumption that agreement was intended to be legally binding which c failed to rebut
Case of Simkins v pays
Lodger and 2 others entered competitions, lodger filled in form in landlady’s name, one of the entries won. Claim was made by lodger on basis that they would share winnings. Looked at regularity of this arrangement and level of organisation
Decision- action succeeded as this was more than just a social agreement
Case of Wilson v Burnett
Women who worked together went to bingo, won a local and national prize
Decision- suggested an intention to create a legal relationship did not exist at the time the claim failed
Case of Merrit v Merrit
Mr M had split up with wife, agreed to pay wife income if she payed mortgage
Decision- legally binding obligations and was enforced by court
McGowen V Radio Buxton 2001
Centred a radio competition, prize was stated to be a car, winner given a 4 inch toy car, radio buxton argued there was no intention to create legal relations
Decision- court decided there was legal intention in line with previous cases
Case of Balfour V Balfour
Mr Balfour worked abroad with wife in uk, promised her an income of £30 monthly, marriage failed and divorce, still claimed £30
Decision- agreement had been made at an amicable point in relationship, purely domestic arrangement and therefore not legally enforceable
