INTENTION TO CREATE LEGAL RELATIONS

• Key case

  Baulfour v Balfour
• Where did the married couple move from when they came to England in Baulfour v Balfour?


  Sri Lanka
• What did the husband agree to in Baulfour v Balfour?


  to send his wife £30 per month.
• Why did the husband stop making the payments in Baulfour v Baulfour?


  Mrs Baulfour petitioned for divorce as the marriage failed
• What was held in Baulfour v Baulfour?

  this was a domestic agreement between a happily married couple and not intended to be legally binding therefore Mrs Balfour’s claim failed.
• key case

  Merritt v Merritt
• Where did the married couple buy a plot of land in Merritt v Merritt?


  Chessington
• What did the married couple build on their land in Merritt v Merritt?


  A house
• Whose name was the house in within Merritt v Merritt?


  The husband
• In which year did the couple agree to put the house in joint names


  1966
• What was the agreement in Merritt v Merritt?


  to put the house in joint names
• Why did the husband leave the family home to live with another woman in Merritt v Merritt


  The husband was having an affair
• What did the wife want to press the husband for in Merritt v Merritt?


  some form of arrangement
• What was the agreement in Merritt v Merritt?


  The husband said he would pay the wife £40 a month and that she would need to make the outstanding payments on the mortgage
• What did the wife ask the husband to do in Merritt v Merritt?

  to put in writing a further agreement of transferring the property into her sole ownership when the mortgage was paid.
• What did the husband refuse to do when the wife paid off the mortgage in Merritt v Merritt?


  to transfer ownership to her
• What was ratio in Merritt v Merritt


  when couples are divorcing/separating there is a presumption of intent to create legal relations.
• Key case


  Jones v Padavatton
• What did the mother persuade the daughter to do in Jones v Padavatton?


  to leave a good job at the Indian Embassy in Washington and go to England to study for the bar
• What had the mother promised the daughter in Joens v Padavatton?


  To pay the daughter $200 each month if she did
• What did the daughter expect the mother was going to pay her?

  American dollars
• What currency did the mother pay the daughter in Jones v Padavatton?

  West Indian dollars
• What happened as of a result of the currency the daughter was paid in within Jones v Padavatton?

  She could only afford to rent one room for her and her child
• What did the mother agree to purchase in Jones v Padavatton?

  A house at Highbury Quadrant
• What was held in Jones v Padavatton

  this was a domestic arrangement which depends on the good faith of a promise and the parties had not intended to be legally binding.
• Did the daughter pass her bar in Jones v Padavatton?


  No
• What did the daughter do instead of passing the bar in Jones v Padavatton?

  Get married
• What did the mother sought to do in Jones v Padavatton

  sought a possession order for the house to have her daughter evicted
• Key case for commercial and business argreements

  Jones v Vernon Pools
• What did Jones claim to have won in Joens v Vernon Pools?

  Two winning coupons for a sales promotion
• What were the words on the coupon in Jones v Vernon Pools


  'Binding in honour only' and 'shall not give rise to any legal relations'
• What is 'binding in honour only' considered in Jones v Vernon Pools?


  A gentlemen's agreement
• What did Vernon Pools claim in Jones v Vernon Pools?

  To have only received one coupon
• What did Jones claim was the coupon entry in Jones v Vernon Pools?

  a contractually binding agreement
• What was ratio in Jones v Vernon Pools?

  The usual presumption that commercial or business agreements are legally binding can be rebutted by the clear words used.
• What was Defendant's company struggling in in Edwards's v Skyways

  financial difficulties and had to make a number of pilots redundant
• Under the companies' rules, what happened if a pilot left employment or was made redundant in Edwards's V Skyways?

  They could either withdraw their own pension contributions to the fund OR they have the right to a paid-up pension payable at retirement
• What did the company say they would provide in Edwards's v Skyways?

  an ex gratia payment equivalent to the defendant companies contributions to the pension fund
• Due to financial difficulties, what did the company do after negotiation with the pilots in Edwards's v Skyways?

  Went back on their promise regarding the ex gratia payment
• What are Ex Gratia payments

  voluntary payments with no liability to make them