CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

• Consider whether the presumption may have been rebutted.


• Discuss briefly whether there is an issue of past consideration here
  regarding Franco and Hilary.

Question 3

Introduce very briefly the need for legal intent as a formation requirement,

along with agreement and consideration.

• Explain the need for the courts to establish legal intent, to distinguish
  between various agreements, some of which may give rise to legal
  obligation, and others which do not.


• Explain the presumption in social and domestic arrangements. Explain
  how this can be rebutted, and why, using cases.


• Explain the presumption in commercial arrangements, and its rebuttal.


• Consider whether this brings about a fair result – you could examine
  some of the ‘social’ cases, a pools case and the Esso scenario.


• Would it be simpler for the courts just to make an enquiry? Would this be
  as certain, as a method of establishing intent? Would it give adequate
  protection to the parties involved? Consider the Unfair Terms in Consumer
  Contract Regulations 1994 and the possible impact on this area of law.

Question 4

This is similar in content to Question 3, but illustrates the need to address

the question.

• Explain the law in a similar way, but raise the following issues:


• In social and domestic arrangements it is necessary to prove legal
  intent, because the presumption would be that there is none – why?


• How can this be proved? Use cases, like Parker v Clarke.


• In commercial situations there is no need to prove legal intent because
  it is presumed to exist – why? Use cases – Carlill, Esso. This can be
  rebutted: Jones v Vernons Pools. Is this fair?

Question 5

• Explain very briefly the general requirement of legal intent as a
  formation requirement.


• Explain the presumption of no legal intent in social and domestic
  situations: Balfour, Jones v Padvation, and its rebuttal in some cases:
  Merritt, Parker v Clarke, Simpkin v Pays.


• Explain the presumption of legal intent in commercial agreements:
  Carlill, Esso.

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