Chapter 6 Cases

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15 Terms

1
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Rose & Frank Co v JR Crompton & Bros Ltd

FACTS: Parties entered an agreement stating it was not a formal or legally enforceable contract. HELD: No intention to create legal relations; not legally binding.

2
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Balfour v Balfour

FACTS: Husband promised to pay monthly allowance to wife while overseas. After separation, wife sued. HELD: Domestic agreements lack intention to create legal relations; not enforceable.

3
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Jones v Padavatton

FACTS: Mother promised to maintain daughter if she studied law; provided house. They later disputed. HELD: Family arrangements presumed not legally binding; no intention, no contract.

4
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Merritt v Merritt

FACTS: Separated spouses signed written agreement to transfer house after wife paid mortgage. Husband later refused. HELD: Separated couples = intention to create legal relations; binding contract.

5
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Simpkins v Pays

FACTS: Grandmother, granddaughter, and lodger jointly entered competitions and agreed to share winnings; grandmother refused to share. HELD: Mutual contribution showed intention; legally binding agreement.

6
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Wakeling v Ripley

FACTS: Defendant promised sister and her husband property if they moved to live with him. They relied on it, resigned jobs, moved, then he refused. HELD: Serious reliance showed intention; agreement enforceable.

7
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Edwards v Skyways

FACTS: Airline agreed to pay ex-gratia payment to redundant pilot. Company later refused. HELD: Commercial agreements presumed binding; enforceable contract.

8
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Karuppan Chetty v Suah Thian

FACTS: Lease agreed "for as long as he likes" at RM35/month. HELD: Terms too uncertain; agreement void for uncertainty.

9
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Teck Guan Trading Sdn Bhd v Hydrotek Engineering

FACTS: Defendant forced to agree to higher price due to lack of time to find another supplier. HELD: Consent obtained through coercion; contract voidable.

10
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Rosli bin Darus v Mansor Haji Saad

FACTS: Nephew pressured by uncle (parent-like figure) to transfer land share. HELD: Undue influence existed; contract voidable.

11
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Inche Noriah v Shaik Allie bin Omar

FACTS: Illiterate woman transferred whole property to nephew with inadequate legal advice. HELD: Undue influence presumed; transaction set aside.

12
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Kheng Chwee Lian v Wong Tak Khong

FACTS: Buyer induced into second land agreement based on false representation about land area. HELD: Fraudulent misrepresentation; contract voidable.

13
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Lau Hee Teah v Hargill Engineering

FACTS: Buyer alleged false statements about loader's model and condition. HELD: No misrepresentation—statements were true; contract valid.

14
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Galloway v Galloway

FACTS: Husband and wife agreed on maintenance believing they were married; earlier wife was still alive. HELD: Agreement void due to fundamental mutual mistake.

15
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Smith v Hughes

FACTS: Buyer thought oats were old when seller delivered new oats. HELD: Unilateral mistake of quality does not void contract; contract valid.