Law-Seminar 1- Essential elements of a contract and background

?
  • Created by: Heather
  • Created on: 13-04-17 13:57
For family agreements, what is presumed about them and contracts?
It is presumed they are not intended to be legally binding,
1 of 36
Give three cases where this is debated with family cases?
-Balfour v Balfour, -Merritt v Meritt, -Gould v Gould
2 of 36
Describe the balfour v balfour case.
A husband worked overseas and agreed to send maintenance payments to his wife. At the time of the agreement, they were happily married, but the relationship soured and the husband stopped. Wife sought to enforce the agreement.
3 of 36
What did the court decide?
It was held the agreement was purely social and domestic agreement and therefore was presumed the parties didn't intend to be legally bound,
4 of 36
Describe the Meritt v Meritt case?
-Husband left his wife, -Owned a house jointly, -Husband signed agreement where he would pay wife £40 a month if she paid all charges in connection with the mortgage until it was paid off- He would then transfer the house to her.
5 of 36
What did the court decide?
Agreement was binding. Court of Appeal distinguished with the Balfour v Balfour case on the grounds parties were seperated so they intended to be bound by their agreements.
6 of 36
What is another presumption that they are not intended to be legally bound?
Social transactions,
7 of 36
However, give an example of a case to disprove this?
Simpkins v Pays
8 of 36
Describe the Simpkins v Pay case.
A grandmother, granddaughter and lodger entered into a weekly competition- Coupon sent in Grandmother's name each week-all made forecasts and took turns to pay, -Agreed if any of the won they would sgare, -Grandmother recieved £250- doesn't share
9 of 36
What was the court's decision?
This was a binding contract despite the family connection as the lodger was also party to the contract
10 of 36
Give an example of a case with car sharing that proves the social transactions idea?
Coward v MIB
11 of 36
Describe the Coward v MIb case.
-Coward killed whilst riding pillion on a motorcyle driven by friend, -Widow sought to claim damages from MIB since rider's insurance didn't cover pillion passangers, -Only obliged if they were carried for hire or reward, -Coward paid small weeklysum
12 of 36
What did the court decide?
The court held there was no contract of hire or reward as it was a social and domestic agreement and therefore no intention to create legal relations,
13 of 36
Is this the same with commerical transactions?
No, they contain a presumption that there is an intention to create legal intentions,
14 of 36
However, what case questions this?
Rose v Crompton,
15 of 36
Describe the Rose v Crompton case.
Entered an agreement for the supply of some carbonised tissue paper. Under the agreement, the claimant were to be the defendant's sole agents. Contract contained clause stating it was not a formal ro legal agreement- Defendants terminated agreement,
16 of 36
What dd the court decide?
The honourable pledge clause which stated the agreement wasn't legal rebutted the presumption which normally exists- Agreement had no legal affect and not enforceable by courts,
17 of 36
What two forms can a contract be in?
Simple or contract made by deed,
18 of 36
What is the contractual capacity of the Crown?
The crown is not permitted to fetter its discretion to act in matters of state by means of a contract,
19 of 36
What is the contractual capacity of public authorities?
The contracts of local authorities will be void unless they relate to the functions that the local authority is permitted to carry out under its enabling statue, or unless they are intended to facilitate the functions of the local authority,
20 of 36
For the contractual capacity of minors, what act lowered the age of majoritiy to what?
Family Law Reform Act 1969, -Age of majority lowered from 21 to 18,
21 of 36
The rights of minors to enter into a contract are governed by what?
common law and the Minors COntract Act 1987
22 of 36
Does this mean minors can't enter contracts?
No- although their contractual capacity is limited by law, this doesn't mean they can't enter into everyday contracts,
23 of 36
Based on price, a contract can be formed by minors based on what?
It being a reasonable price,
24 of 36
Minors are legally bound where a contract supplies them with 'what' and what does this mean?
'necessaries', or goods and services which are deemed necessary or beneficial to them,
25 of 36
what is the definition of 'necessary' provided in section 2(3) of the Sales of Goods Act f Ghana 1962?
'Necessaries are goods suitable to the condition of life of the person to whom they are delivered and his actual requirements at the time of delivery"
26 of 36
What was found in Peters v Fleming?
it was found that a gold ring and watch chain were necessaries for the child of a member of parliament,
27 of 36
However, what was found in nash v inman?
it was found where a tailor's claim that a child's purchase of 11 waistcoats was for necessaries failed on the grounds he already owned adequate clothing,
28 of 36
Can contracts of employment be formed by minors?
Yes, but only if they are reasonable,
29 of 36
Give an example of a case where it wasn't reasonable?
De Francesco v barnum
30 of 36
Describe the De Francesco v barnum case?
A 14 year old started a dancing apprenticeship to last7 years. Agreed to be at his disposal, not accept professional work and not marry without his permission.- Pay was low, no obligation for him- She accepted other work,
31 of 36
What did the court decide?
Ultimately the contract was unreasonable so not upheld,
32 of 36
What is the contractual capacity of a mentally disordered person?
A person who has been adjudged as incapable of handling his own affairs and property has none, although law is uncertain,
33 of 36
What is the contractual capacity of a drunken person?
Intoxication is not a ground upon which a contract can be made void, unless it has reached such an extent the person no longer knows what he is doing, and incapable of giving consent,
34 of 36
Give an example of this with Matthews v Baxter?
Contract for purchase of houses affirmed after buyer sobered up and so couldn't rely on the intoxication to set the contract aside,
35 of 36
What is the view on necessaries sold ot mentally disordered and intoxicated people?
They must pay a fair price for them,
36 of 36

Other cards in this set

Card 2

Front

Give three cases where this is debated with family cases?

Back

-Balfour v Balfour, -Merritt v Meritt, -Gould v Gould

Card 3

Front

Describe the balfour v balfour case.

Back

Preview of the front of card 3

Card 4

Front

What did the court decide?

Back

Preview of the front of card 4

Card 5

Front

Describe the Meritt v Meritt case?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Essential elements of contract resources »