What does 'subject to contract' mean in the context of land sales?
Click to see answer
It indicates that agreements are not legally binding until a formal contract is executed.
Click to see question
What does 'subject to contract' mean in the context of land sales?
It indicates that agreements are not legally binding until a formal contract is executed.
What did Lord Stowell state in Darymple v Darymple regarding contracts?
Contracts must not be mere matters of pleasantry and should have serious intent.
What is essential for all parties to an agreement?
An intention to create legal relations.
What was the agreement between the ex-wife and ex-husband in Soulsbury v Soulsbury?
If the ex-wife did not enforce the maintenance order, the ex-husband would leave her £100,000 upon his death.
Which case illustrates the objective determination of intention in agreements?
Edmonds v Lawson [2000] EWCA Civ 69.
What did Baroness Hale state about legally binding arrangements between spouses?
Husbands and wives can make legally binding arrangements to regulate their property and affairs while still together.
What is consideration in contract law?
Something of value exchanged between parties in a contract.
What was the reasoning behind the court's decision in Jones v Padavatton?
The agreements were seen as family arrangements based on good faith, not intended to be rigid or binding.
What did Lord Denning MR imply about parties who are separated in terms of legal agreements?
They bargain keenly and intend to create legal relations.
Why do courts require an intention to create legal relations?
To ensure that agreements are meant to have legal consequences.
What factors influenced the decision in Blue v Ashley?
The unusual location and general atmosphere of the meeting place.
What does the intention to create legal relations imply?
That legal consequences attach to the agreement.
What type of agreements are less clear when involving non-family members?
Agreements regarding trivial subjects like the division of joint betting proceeds.
What was the significance of the ongoing employment relationship in Dresdner Kleinwort Ltd v Atrill?
It was held that continued work after a promise for a guaranteed minimum bonus pool constituted consideration.
What were the two agreements considered in Jones v Padavatton?
What was the court's holding in Merritt v Merritt?
The parties had intended legal relations.
What did the Supreme Court decide in President of the Methodist Conference v Preston?
There was no contractual intention regarding the appointment of a Methodist minister.
In which case did the majority hold that there was an ITCLR based on the onus of proof in commercial transactions?
Esso Petroleum Ltd v Commissioners of Customs and Excise [1976].
What does ITCLR stand for in contract law?
Intention to create legal relations.
What is duress in contract law?
Coercion or threats used to force someone into a contract.
What condition did the wife impose before leaving the car in Merritt v Merritt?
The husband had to record his promise in writing.
What was the husband's action after the wife paid the mortgage in Merritt v Merritt?
He refused to transfer the house to her.
What was the outcome of Darke v Strout regarding child maintenance agreements?
The court found that the agreement did not lack intention to create legal relations due to the formality of the letter.
What was the ruling in MacInnes v Gross regarding ITCLR?
The court found that the informal setting did not support an ITCLR.
In which type of agreements is the necessity for intention most evident?
Domestic and social agreements.
What is presumed in commercial agreements regarding intention?
There is an intention to create legal relations.
What context did the Supreme Court consider in President of the Methodist Conference v Preston?
The factual background surrounding the appointment of a Methodist minister.
What was the outcome of Radmacher v Granatino regarding the husband's claim?
The husband was not entitled to an award of £5.5 million due to the pre-nuptial agreement.
What difficulties might arise with agreements for housekeeping or personal allowances?
They might run into difficulties in being legally enforceable.
What is the significance of Coward v MIB in relation to contractual intention?
The court found that an agreement to take a friend to work in exchange for petrol money lacked contractual intention.
Why did the wife sue her husband in Balfour v Balfour?
For a monthly amount promised by the husband while working overseas.
What concern did the judgment in Balfour v Balfour highlight regarding the courts?
That courts would be overwhelmed by litigating domestic agreements.
What is an honour clause?
A clause that indicates the parties do not intend to create legal relations.
What are key factors in determining the intention to create legal relations?
Context of the agreement, nature of the parties, and the circumstances surrounding the agreement.
What was the outcome of Simpkins v Pays regarding the competition?
It was found that there was a contract among the three co-habitees.
What are the essential components of a contract agreement?
Offer, acceptance, intention to create legal relations (ITCLR), consideration, and capacity.
What are vitiating factors in contracts?
Factors that can invalidate a contract, such as misrepresentation, mistake, duress, and undue influence.
What are other issues that can arise in contracts?
Issues such as capacity, legality, and enforceability.
What was the main issue in the case of Merritt v Merritt?
Whether the husband intended to create legal relations with his promise to transfer the property.
Which case involved the concept of a comfort letter?
Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad [1989] 1 All ER 785.
What was the setting of the agreement in MacInnes v Gross (2017)?
A dinner in an expensive Mayfair restaurant.
What was the ruling in Wilson v Burnett about bingo winnings?
It was held that there was no binding agreement to share the winnings.
What was the outcome of Athena Brands v Superdrug Stores regarding the intention to enter contractual relations?
The argument against ITCLR was dismissed; a contract was found based on an email exchange.
What is the difference between commercial and domestic agreements?
Commercial agreements are made for business purposes, while domestic agreements are made for personal or household purposes.
What did Danckwerts and Fenton Atkinson LJJ conclude about the agreements in Jones v Padavatton?
They concluded that neither agreement was intended to create legal relations.
What was the court's ruling in Balfour v Balfour?
The agreement was not an enforceable contract due to lack of intention for legal consequences.
What can disprove the intention to create legal relations (ITCLR)?
The facts of the case may disprove such an intention.
Which case involved an honour clause?
Rose and Frank Company v JR Crompton and Brothers Ltd [1925] AC 445.
What is presumed in domestic and social agreements regarding intention?
There is no intention to create legal relations.
How is the determination of intention to create legal relations made?
It is an objective determination, with context being important.
What is a pre-nuptial agreement?
An agreement that precedes the entering of a marriage.
What does undue influence mean in contracts?
Improper pressure exerted on one party by another, affecting their free will.
What was the main finding in the case of Jones v Padavatton?
The agreement between a mother and her adult child did not create a contract.
What is the leading case related to domestic agreements?
Balfour v Balfour [1919] 2 KB 571.
What public policy argument did Atkin LJ emphasize in his judgment?
Domestic agreements are outside the jurisdiction of the courts.
What is the main focus of the lecture by B Y, R. S. A. R. A. V. A. N. A. N?
The Intention to Create Legal Relations in Contract Law.
What is the difference between domestic agreements and commercial agreements regarding intention to create legal relations?
Domestic agreements are generally presumed not to have legal intent, while commercial agreements are presumed to have such intent.
In Darke v Strout, why was the agreement not considered unenforceable for lack of consideration?
The woman had given up statutory rights to maintenance by entering the agreement.
What is the legal status of post-nuptial agreements regarding future separation?
They are valid and enforceable like any other contract between spouses.
What is a common example of a type (a) agreement mentioned by Baroness Hale?
An agreement to share the ownership or tenancy of the matrimonial home.
What constitutes a mistake in contract law?
An incorrect belief about a fact that is material to the contract.
What did the husband promise to pay the wife in Merritt v Merritt?
40 pounds a month.
What did the written agreement in Merritt v Merritt state?
The husband would transfer the property to the wife in return for her paying the mortgage.
What is a formative requirement in contract law?
Intention to create legal relations, certainty, and completeness.
What was the outcome of Blue v Ashley (2017)?
The court held that the informal setting did not support an ITCLR.
What did the Court of Appeal find in Soulsbury v Soulsbury regarding former spouses?
There was an intention to create legal relations when one spouse agreed to forgo maintenance payments for a bequest.
How does the law traditionally distinguish between types of agreements?
Between domestic/social agreements and commercial agreements.
What is the presumption of an Intention to Create Legal Relations (ITCLR) described as?
A 'heavy one' (McKendrick).
What does the case of Athena Brands v Superdrug Stores illustrate about informal communications?
Courts are willing to find the existence of a contract even in casual, informal emails.
What is misrepresentation in the context of contracts?
A false statement that induces one party to enter into a contract.
