Intention to create legal relations

Question 1

Balfour v Balfour

Answer 1

Husband and wife agreed that the husband would send $30 to the wife each month - held an domestic agreement which has no legal intention

Question 2

Merritt V Merritt

Answer 2

The marriage was breaking up therefore there was a rebuttable presumption that there was no legal intention

Question 3

Jones V Padavatton

Answer 3

Domestic agreements between parent and child - there is a presumption that these agreements have no legal intention

Question 4

Webb V Webb

Answer 4

Father went through the legal process to change the name of the flat to his sons name, but was seen as having legal intention

Question 5

Jullian V Furby

Answer 5

court showed a willingness to compromise and agreed that there was a legal intention to pay for the materials used but not for the labour provided as it was seen as a domestic agreement

Question 6

Simpkin v Pays

Answer 6

social agreements - Gran and granddaughter made a deal with the lodger to share the winnings and it was held as having legal intention

Question 7

Parker V Clarke

Answer 7

Social agreement that has financial security at risk - seen as having legal intention

Question 8

McGowan v Radio Buxton

Answer 8

McGowan was tricked into thinking she has won a real car - was compensated for the humiliation and upset she faced

Question 9

Jones V Vernons Pools

Answer 9

Exceptions of the commercial presumption - contract stated that it was ‘binding in honour only’ no ITCLR due to the honour clause

Question 10

Weeks V Tybald

Answer 10

Mere puffs