ITCLR

Question 1

what are the 2 presumptions

Answer 1

• social/domestic cases have no ITCLR
• business/commercial cases there are ITCLR

Question 2

cases for social and domestic?

Answer 2

Balfour v Balfour - no ITCLR
Merritt v Merritt - ITCLR
Darke v Strout. - ITCLR

Question 3

principle from Jones v Padavatton

Answer 3

the presumption between children and parent is no ITCLR

Question 4

principle from Simpkin v Pays?

Answer 4

the presumption with family members and friends is no ITCLR

Question 5

principle from Parker v Clarke?

Answer 5

there will be ITCLR is financial security is put at risk

Question 6

rule and cases for bingo and lottery cases?

Answer 6

depends whether social of has terms
Peck v Lateu
Wilson v Burnett

Question 7

principle from Albert v MIB?

Answer 7

there will be ITCLR when there is a commercial basis to the contract

Question 8

principle from Esso v Commissioners of customs and excise?

Answer 8

commercial contracts have an extreme presumption of ITCLR so is hard to rebut

Question 9

principle from Jones v Vernons Pools?

Answer 9

presumption will be rebutted if the wording in commercial cases is clear that there will be ITCLR

Question 10

principle from Edward v Skyways?

Answer 10

commercial presumption rebutted when a statement indicating no previous legal liability may be seen as merely explaining the offer which is now being made

Question 11

principle from Kleinwort Benson v Malaysia Mining?

Answer 11

commercial presumption rebutted when the words used are not clear enough to amount to a specific promise