Intention to Create Legal Relations
This Contract Law lecture looks at Intention to Create Legal Relations, it provides a detailed breakdown of the general principles and the key that unpins the doctrine. The intention to create legal relations is an essential element in the formation of a contract. Where no intention to be bound can be attributed to the parties, there is no contract. The test of intention is objective. The courts seek to give effect to the intentions of the parties, whether expressed or presumed.
Learning Outcomes
By the end of this lecture you will be able to:
identify the presumptions relating to domestic and commercial agreements;
understand when and why these presumptions will be rebutted;
apply these to problem questions;
understand the principles relating to capacity to contract.
Cases
Social and Domestic Agreements
Balfour v Balfour [1919] 2KB 571
Merritt v Merritt [1969] 119 NLJ 484
Jones v Padavatton[1969] 2 All ER 616
Simpkins v Pays [1955] 3 All ER 10
Commercial Agreements
Esso Petroleum Co Ltd v Customs and Excise [1976] 1 All ER 117, HL
J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd [1976] 2 All ER 930, CA
Commercial Agreements: Exceptions
Weeks v Tybald [1604] Noy 11
Rose and Frank Co v JR Crompton &Bros Ltd [1923] 2 KB 261 CA
Jones v Vernon's Pools [1938] 2 All ER 626
Confetti Records v Warner Music UK Ltd [2003] EWHC 1274
Commercial Agreements: Ambiguous Phrasing
Edwards v Skyways Ltd [1964] 1 WLR 349
Commercial Agreements: Collective Bargaining
Ford Motor Co Ltd v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303
This Contract Law lecture looks at Intention to Create Legal Relations, it provides a detailed breakdown of the general principles and the key that unpins the doctrine. The intention to create legal relations is an essential element in the formation of a contract. Where no intention to be bound can be attributed to the parties, there is no contract. The test of intention is objective. The courts seek to give effect to the intentions of the parties, whether expressed or presumed.
Learning Outcomes
By the end of this lecture you will be able to:
identify the presumptions relating to domestic and commercial agreements;
understand when and why these presumptions will be rebutted;
apply these to problem questions;
understand the principles relating to capacity to contract.
Cases
Social and Domestic Agreements
Balfour v Balfour [1919] 2KB 571
Merritt v Merritt [1969] 119 NLJ 484
Jones v Padavatton[1969] 2 All ER 616
Simpkins v Pays [1955] 3 All ER 10
Commercial Agreements
Esso Petroleum Co Ltd v Customs and Excise [1976] 1 All ER 117, HL
J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd [1976] 2 All ER 930, CA
Commercial Agreements: Exceptions
Weeks v Tybald [1604] Noy 11
Rose and Frank Co v JR Crompton &Bros Ltd [1923] 2 KB 261 CA
Jones v Vernon's Pools [1938] 2 All ER 626
Confetti Records v Warner Music UK Ltd [2003] EWHC 1274
Commercial Agreements: Ambiguous Phrasing
Edwards v Skyways Ltd [1964] 1 WLR 349
Commercial Agreements: Collective Bargaining
Ford Motor Co Ltd v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303
This Contract Law lecture looks at Intention to Create Legal Relations, it provides a detailed breakdown of the general principles and the key that unpins the doctrine. The intention to create legal relations is an essential element in the formation of a contract. Where no intention to be bound can be attributed to the parties, there is no contract. The test of intention is objective. The courts seek to give effect to the intentions of the parties, whether expressed or presumed.
Learning Outcomes
By the end of this lecture you will be able to:
identify the presumptions relating to domestic and commercial agreements;
understand when and why these presumptions will be rebutted;
apply these to problem questions;
understand the principles relating to capacity to contract.
Cases
Social and Domestic Agreements
Balfour v Balfour [1919] 2KB 571
Merritt v Merritt [1969] 119 NLJ 484
Jones v Padavatton[1969] 2 All ER 616
Simpkins v Pays [1955] 3 All ER 10
Commercial Agreements
Esso Petroleum Co Ltd v Customs and Excise [1976] 1 All ER 117, HL
J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd [1976] 2 All ER 930, CA
Commercial Agreements: Exceptions
Weeks v Tybald [1604] Noy 11
Rose and Frank Co v JR Crompton &Bros Ltd [1923] 2 KB 261 CA
Jones v Vernon's Pools [1938] 2 All ER 626
Confetti Records v Warner Music UK Ltd [2003] EWHC 1274
Commercial Agreements: Ambiguous Phrasing
Edwards v Skyways Ltd [1964] 1 WLR 349
Commercial Agreements: Collective Bargaining
Ford Motor Co Ltd v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303