Answers guide 325Statement D- Any act that is claimed to be consideration must be carried out at the
time of contract, not previously. - Rosie’s act in delivering the wallet is therefore past consideration and
not valid.
Question 4Statement A- Social and domestic arrangements are presumed not to have legal
intent. The presumption may be rebutted. - The agreement to provide food was a social event and it does not appear
that there is anything in the situation to rebut the presumption.
Statement B- A promotion made in a commercial context is likely to be presumed to
have legal intent (Carlill, Esso). Very clear evidence would be needed
to rebut this. - The pizza/dessert promotion falls within this category, and there is
apparently nothing to rebut the presumption.
Statement C- A game between friends could be seen as lacking legal intent, being a
social occasion (Buckpitt v Oates). - However, this could be rebutted if very clear rules were drawn up
between them concerning what they would do with any prize money.
Statement D- Pools coupons do contain honourable pledge clauses which have in the
past been upheld and agreements have been found not to be binding
(Jones v Vernons Pools, etc.). - However, these go against the Unfair Terms in Consumer Contract
Regulations and could be challenged.
Question 5
Statement A- Terms in a notice will be incorporated into a contract if they are brought
to the other party’s attention in a reasonable way and in good time.
CHAR_Z01.QXD 14/9/07 10:01 Page 325