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CARMEN

CONTRACT LAW

ITCLR

ITCLR court seeks to keep agreements between family and friends OUTSIDE COURT
JURISDICTIONS
SOCIAL, DOMESTIC AGREEMENT

PRESUMPTION: NO ITCLR
-

Jones v Padavatton domestic agreement, mother v daughter


Balfour v Balfour domestic agreement, no ITCLR
Wilson v Burnett no ITCLR
REBUTTED IN

Meritt v Meritt parties separated


Simpkins v Pays 3rd party involved
Errington v Errington Woods written agreement
Peck v Lateu ITCLR for prize money won in bingo competition

COMMERCIAL AGREEMENT

CARMEN

CONTRACT LAW

ITCLR

PRESUMPTION: ITCLR
- Esso Petroleum v Commissioners of Customs & Excise Esso would
derive considerable benefit from scheme
- Edwards v Skyways Ltd ex gratia not enough to rebut presumption
- J Evans & Son background to promise meant ITCLR
REBUTTED IN
-

Rose & Frank v Crompton Bros honourable pledge clause no legal


effect
- Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad comfort
letters not contractual promises as to future conduct

EXEMPTIONS FOR COMMERCIAL


AGREEMENTS
Mere Puffs
Honour Clauses
Agreement subject to
contract
Ambiguity
Collective bargaining
agreement

Where offer is vague, not intended to be serious


Acceptance no contractual effect Weeks v Tybald
Not seen in Carlill strong evidence - intention
Rose & Frank
Jones V Vernons Pools not legally binding
Indication no ITCLR until formal contracts exchanged
If both act upon agreement, can amount to ITCLR
Confetti Records v Warner Music UK Ltd.

- Ambiguous words no ITCLR


- Edwards v Skyways Ltd although ex gratia, commercial
agreement strong presumption ITCLR exists
- Presumed NO ITCLR
- Unless expressly stated

CARMEN

CONTRACT LAW

ITCLR