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14 Cards in this Set
- Front
- Back
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What is intention to create legal relations |
An agreement made with an intention to make a contract legally binding |
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What is the social agreement presumption |
Agreements made between family and friends do not intend to be legally binding Jones v Padavatton. And they are purely social or domestic Balfour |
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What's the commercial presumption |
Commercial agreements do intend to create legal relations Esso v Commissioners of Customs and Excise |
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Jones v Vernon's pools |
Commercial can be rebutted if clear words are used to show no legal intent |
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Kleinwort v Malaysian Mining |
Commercial can be rebutted if word used aren't clear enough to amount to a specific promise and only a moral obligation |
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Edwards v Skyways |
The burden of proof is on the party seeking to rebut but establishing no intent |
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Esso v Commissioners of Customs and Excise |
An offer of a free gift to promote a business can be legally binding |
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McGowan v Radio Buxton |
A prize offered through competition to promote a company is also intended legally binding |
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What is a halfway house agreement |
Sandler v Reynolds - can be a half way house between commercial and social agreements. In these situations it is the party who is seeking to rely on the agreement who must prove intent |
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Snelling v Snelling |
Social will be rebutted if the nature of agreement was commercial |
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Merritt v Merritt |
Social can be rubutted if parties no longer act out of love because relationship has broken down or is expected to |
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Parker v Clarke |
Social will be rebutted where parties have acted in reliance on the promise (i.e risked finincial security) |
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Simpkins v Paye |
Courts will uphold gambling agreements if there is a clear promise to share. If money is exchanged then the agreement is likely binding |
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Wilson v Burnett |
If there is evidence of parties intention then less likey to be social |
