Intention cases

Quick revision of cases on intention

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Social Arrangements

  • Balfour –v- Balfour [1919]
    • Husband promised £30 a week to wife. Following divorce, the wife’s claim for this failed.
  • Meritt –v- Meritt [1970]
    • Husband deserted wife for another. Agreement to pay income if she paid off the mortgage was legally binding.
  • Jones –v- Padavatton [1969]
    • Mother gave allowance for Bar study, and then provided a house. Mother sought repossession and daughter failed to prove contractual nature.
  • Simpkins –v- Pays [1955]
    • Lodger and two others entered a competition in the lodger’s name. Lodger bound to share winnings.
  • Parker –v- Clarke [1960]
    • Couple persuaded to sell house and move in with older couple, with promise of inheritance. Young couple asked to leave and sued successfully – giving up security proved intention.
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Commercial and Business Agreements

  • Edwards –v- Skyways [1969] - Agreement to make ex-gratia redundancy payment is binding
  • Esso Petroleum –v- Commissioners of Customs and Excise [1976] - Free world cup tokens with every 4 gallons of petrol. Customs claimed purchase tax. Esso were trying to boost business, hence intention to be bound.
  • McGowan –v- Radio Buxton [2001]  - M entered competition for Clio. Given small model. RB claimed no intention, but this was not upheld. No hint in transcript.
  • Jones –v- Vernons’ Pools [1938]  - Coupons: “binding in honour only”. J claimed winning coupon lost. Clause prevented his claim.
  • Kleinwort Benson –v- MMC [1989] - Parent company issued comfort letter, but would not guarantee loan. K claimed using letter but claim failed.
  • Julian –v- Furby [1982] - Plumber helped daughter and son-in-law furnish house. Following split, he invoiced for materials and labour. Court agreed with materials but would not acknowledge the invoice for labour.
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