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ICLR - Coggle Diagram
ICLR
determantion
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Social/domestic agreements, there is not intention to be bound
Balfour v Balfour - a working hubby and a stay at home wifey - he promised her 30 pounds every months . later marriage fails and she petioned for divorce and claimed her 30/mo. not legally enforceable as the agreement had been amde within their relationship. it is social/domestic - parties did not intennd to be legally bound
Jones V Padavatton - a mum tells her girl to study law in england, "ill allow you to stay at mine" - a few years later, the daughter has not passted the bar, the daughter said there had been a contract for her to stay.
This presumption may be rebutted by evidence to the countrary - the evidence may consist of - the agreement in writng, the agreement coming after the couple have separetd, the presence of a third party or if money has changed hands
Merrit v Meritt - mr merrit left the wife, the couple had a written agreement for mr merrit to pay the wife income. - binding, appeal distinguise the case of Balfour v Balfour on the ground that parties were separaeted
Simpkins v Pays - granny and granndgirl entered into a competition by sunway empire news - when granny won the 250 she refuses to pay despite her agreeing previosly. there was a binding contract despite the family connection as the lodger was also party to the contract
Parker v Clarke - a young couple, sell their house to move in with the older couple - with the promise also that they would later inherit the property upon the older couple's death the couples fell out and they were asked to leave, the youngs argued that they had a legally binding agreement as giivng up their security indicates that the arrangement was intended
Halfwy house
Salder v Reynolds
contract btw a jounralis and a businessman (friends) - ghost-write the autobiography of the bussinessman. the judge- the agreement fell somewhere between an obviously commercial transaction and a social exchange - a business agreement
Blue v Ashley - an investment banker with Ashley (a comp owner) - conversation of raise share price , ashley refuses. the setting, nature and tone of the conversation in context was outside commercial context, not legally binding
did the Parties intend to create legal relations? is the contract commercial or social? halfway house?
Summary: commerial - lead case Edwards v Skyways - defining the presumption to be legally binding. Exception- where there is a gentleman's agreement that states a contract is binding in honour only, there will be no intention to cerate legal relations and it will not be enforceable. (jones v Vernons Pools
Exception- letters of comfort- commonly sent to banks are not held to be legally binding (Kleinwort Benson Ltd v Malaysian Mining Corporation
Summary:domestic
lead cases - Balfour v Balfour v Jones v Padavatton - do not create legal relatinons. this presumption may be rebutted by evidence to the contracy - merrit v Merrit - the presence of a third party or if money has changed hands - simkins v Pays - giving up financial security - parker v Clarke
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