Franco and his friends play for the agreed time each day for three weeks and then
send Grandstore an invoice for payment. Grandstore replies, without paying Franco,
stating that the agreement to play was not intended to be binding, but ‘in the spirit of
providing a happy Christmas environment and an opportunity for an amateur group to
practise in public’.
On another occasion, after performing, Franco buys some concert tickets, at £30
each, for himself and for his neighbour, Hilary. Franco has in the past bought tickets for
Hilary, knowing that she enjoys the kind of music to be performed, and on these
occasions Hilary has paid Franco. Franco gives Hilary the ticket and asks her for £30.
Hilary at first agrees to pay, but later says that she does not really want this particular
ticket. Advise Franco whether he can claim payment from Grandstore and from Hilary.
OCR 20033 ‘In the context of today’s society, the need for contracts to be enforced is more
important than ever before.’ Critically consider this view of the need to establish an
intention to create legal relations.
OCR 2004
4 ‘The proof of legal intent is an essential element in the formation of a valid contract.’ To
what extent can this claim be justified?
OCR 2002
5 ‘An intention to be legally bound is a requirement in forming a contract; the
presumption for or against this intention can give much needed protection.’
Analyse the reasons for requiring an intention to be legally bound in the light of the
above statement.
OCR 4-module specimen paper
A further ‘dilemma’ style question on legal intent can be found in Part 7 of the book.
76 Contract law