Legal intent

• However, presumptions can be rebutted eg. overriden.
• What does legal intent means?

  A valid contract recquires an intention to create legal relations.
• What are the 2 presumptions?

  No legal intent for social or domestic agreements

  There is legal intent for comercial agreements.
• Family and friends do not intend to be legally bound.
• Family and friends simply make informal agreements.
• In Balfour v Balfour, there was no legal intent because the husband and wife were not legally bound by their agreement.
• In Merritt v Merritt, there was legal intent because the husband and wife were separated and had bargained keenly.
• In Jones v Padvatton there was no legal intent between mum and daughter regarding staying in the house.
• Simpkins v Pays there was a legal intent between 2 relatives and a lodger agreeing to share competition winnings as the parties relied on the arrangements.
• In Parker v Clark, there was legal intent between 2 related couples as one had given up their house so they relied heavely on the agreement.
• In Buckpitt v Oates, there was no legal intent between friends sharing a lift.
• Albert v MIB, there was legal intent between work collegues giving lifts to various people as it was based on payments being made.
• In which case was it decided that there was no legal intent between husband and wife?

  Balfour v Balfour
• What case distinguished Balfour v Balfour?

  Merritt v Merritt
• What case was it decided that there was no legal intent between mum and daughter?

  Jones v Padvatton
• What case decided there was no legal intent between friends sharing a lift?

  Buckpitt v Oates
• What case distinguished Buckpitt v Oates?

  Albert v MIB
• In what case was it decided that there was legal intent between 2 related couples?

  Parker v Clark
• What case was it decided there was legal intent between 2 relatives and a lodger?

  Simpkin v Pays
• What do businesses intend to be ?

  legally bound
• What do businesses create?

  legally binding and enforceable contracts
• The burden to rebut the presumption is very heavy.
• How is the burden to rebut presumtion?

  Very heavy
• Comercial agreements are called a honourable pledge clause.
• What are comercial agreements called?

  honourable pledge clause
• Comercial agreements are binding in hounour not law.
• In Edwards v Skyways there was legal intent for an "ex gratia" redundancy payment because of the context.
• In Esso v Commissioners of Custom & Excise there was legal intent for customers purchsing petrol in return for a free coin to protect the customer despite it being trivial.
• In McGowan v Radio Buxton there was legal intent when she won the car from the radio who provided a toy version as there was no hint of this.
• Why was there legal intent in Edwards v Skyways?

  for an "ex gratia" redundancy payment because of the context
• Why was there legal intent in McGowan v Radio Buxton?

  when she won the car from the radio who provided a toy version as there as no hint of this
• Why was there legal intent in Esso v Commissioner of customs & Excise?

  for customers purchasing petrol in return for a free coin to protect the customer despite it being trivial
• In what case was legal intent for an ex gratia?

  Edwards v Skyways
• In what case was legal intent for customers purchasing petrol?

  Esso v Commissioners of Customs & excise
• In what case was legal intent when she won the car from the radio?

  McGowan v Radio Buxton
• In Rose & Frank Co v Crompton Bros there was no legal intent as the parties has specified it was not a formal or legal agreement.
• Why is there no legal intent in Rose & Frank v Crompton Bros?

  it was not a formal or legal proceeding
• In what case was specified there was no legal or formal proceeding?

  Rose & Frank Co v Crompton Bros
• In Kleinwort v Benson there was no legal intent for the comfort letter as they should have asked for a guarantee.
• Why was there no legal intent in Kleinwort v Benson?

  They should have asked for a guarantee