Professional Documents
Culture Documents
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Intention
Introduction
Not provided for in the Contracts Act Refers to intention to create legal obligations
Created at the time of contract
That is, an intention to become legally bound, with legal consequences to sue and be sued Generally, intention is derived depending on whether it is a ...
Social and domestic agreement Commercial contract
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Intention
Choo Tiong Hin & Ors v Choo Hock Swee (1959) 25 MLJ 67 an agreement is not a contract in the strict sense of the word, unless it is the common intention of the parties that it shall be legally enforceable. Such an intention is normally inferred from the nature of the agreement.
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Intention
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Intention
Choo Tiong Hin & Ors v Choo Hock Swee (1959) 25 MLJ 67 an agreement is not a contract unless it is the common intention of the parties that it shall be legally enforceable. Such an intention is normally inferred from the nature of the agreement. For instance in the case of agreements relating to social engagements, it is inferred as a matter of course that there is no common intention to create legal obligations
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Intention
Introduction
What is a social and domestic agreement? It can be seen from the perspective of: 1. Subject matter, and/or
agreements of a social nature
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Intention
Balfour v Balfour
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Intention
Jones v Padavatton Mother and daughter. D (Washington) accepted an offer from Mum to go to UK to do law, and was provided maintenance. Nothing in writing, no terms recorded. House was then bought in London, which daughter stayed. Other rooms rented to provide maintenance. Mum paid for the house, and house in mums name. Rent not taken by mum, no accounts of rent.
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Intention
Court of Appeal: Only a family arrangement. depends on the good faith of the promises which are made and are not intended to be rigid, binding agreements
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Intention
Exception
All presumptions can be rebutted If an intention to be bound can be shown, then there is a contract
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Intention
Merrit v Merrit
COMMERCIAL AGREEMENTS
To be continued ..
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Intention
Choo Tiong Hin & Ors v Choo Hock Swee (1959) 25 MLJ 67 an agreement is not a contract in the strict sense of the word, unless it is the common intention of the parties that it shall be legally enforceable. Such an intention is normally inferred from the nature of the agreement. For instance, in the case of agreements regulating commerce for business, it is obvious that the parties intend legal consequences to follow;
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Intention
Introduction
The presumption is that there is an intention to be bound However, if one can show that there is no such intention, the presumption is rebutted Onus of proof to rebut falls on the one alledging that there is an intention
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Intention
circumstances
Even if it deals with commercial relationships,
must view:
The wordings of the agreement
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Intention
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Intention
This arrangement is not entered into, nor is this memorandum written, as a formal agreement, and shall not be subject to legal jurisdiction in the Law Courts either of the United States or England, but is only a definite expression and record of the purpose and intention of the three parties concerned, to which they each honourably pledge themselves, with the fullest confidence based on past business with each other that it will be carried out through each of the three parties with mutual loyalty and friendly co-operation.
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Intention
Home Insurance Co Ltd & St Paul Fire and Marine Insurance Co Administratia Asigurarilor De Stat Insurance contract.
This treaty shall be interpreted as an honourable agreement rather than as a legal obligation Disputes shall be referred to two arbitrators
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Intention
Esso Petroleum v Commissioners of Custom and Excise Petrol sales promotion: for every four gallons of petrol, a coin bearing the likeness of an English soccer team member who played in the World Cup competition in Mexico in 1970 will be given. Q: is there a legally binding contract between dealers and customers for the coin?
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Intention
True it is that the respondents are engaged in business. True it is that they hope to promote the sale of their petrol, but it does not seem to me necessarily to follow or to be inferred that there was any intention on their part
that their dealers should enter into legally binding contracts with regard to the coins ;
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Intention
The offer of a gift of a free coin cannot properly be regarded as a business matter. Such an offer is not the subject-matter of the agreement. No reason to imply any intention to enter into contractual relations from the statements on the posters that a coin would be given if four gallons of petrol were bought. No reason to impute that every motorist who went to a garage where the posters were displayed to buy four gallons of petrol had any intention to enter into a legally binding contract for the supply of a coin to him.
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Intention
On the acceptance of his offer to purchase four gallons there was no doubt a legally binding contract for the supply to him of that quantity of petrol, but I see again no reason to conclude that because such an offer was made by him, it must be held that, as the posters were displayed, his offer included an offer to take a coin.
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