Intent for Legal Relations

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Jones v Padvatton

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1

Jones v Padvatton

The closer the relationship between the parties the more likely the presumption will be followed.

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2

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.

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3

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.

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4

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.

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5

Rose and Frank Co. v Crompton Bros

When businesses specify the contract is not formal or legal, this will probably not have intention.

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6

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.

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7

Kleinwort Benson v MMC

Reassuring statements are not the same thing as intentions to be legally bound.

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8

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.

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9

Sadler v Reynolds

It may not always be easy to see whether an agreement is social/domestic or commercial.

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