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Jones v Padvatton
The closer the relationship between the parties the more likely the presumption will be followed.
Simpkin v Pays
There may be intention in a domestic agreement if money was put towards the agreement with the expectation that something should happen.
Parker v Clarke
If it can be shown that one party has relied heavily on the promise of the other party and risked financial security, the presumption can be rebutted.
ESSO v CCE
When businesses offer promotions, this will probably have intention due to the financial benefits of the promotion, and that it is wrong for companies to make false promises.
Rose and Frank Co. v Crompton Bros
When businesses specify the contract is not formal or legal, this will probably not have intention.
Jones v Vernon’s Pools
A commercial dispute between a business and individual may not have intent if there is a clear message that the agreement is not legally binding.
Kleinwort Benson v MMC
Reassuring statements are not the same thing as intentions to be legally bound.
Edwards v Skyways
If the words of an agreement are unclear on whether it is binding or just an ‘honourable pledge’, the court will go in favour of the presumption.
Sadler v Reynolds
It may not always be easy to see whether an agreement is social/domestic or commercial.
Note
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