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