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Flashcards in Intention to be Legally Bound Deck (12)
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Weeks v Tybald

Exaggerated claims which are 'mere puff' will not be binding

1

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

2

Balfour v Balfour

Presumption of no intent to be legally bound in a domestic setting with husband/wife

3

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

4

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

5

Snelling v John G. Snelling

Where family relations have a business relationship they will be seen to have intended to be legally bound

6

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

7

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

8

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

9

Edwards v Skyways

The onus of rebutting the presumption in commercial context is a heay one - clear words must be used

10

Kleinwort Benson v Malaysia Mining Corp

A 'letter of comfort' stating policy were a statement of existing fact and not a contractual promise

11

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