Chapter 7 Self-test questions

Intentions to create legal relations

Quiz Content

not completed
. In the leading case in this area, Balfour v. Balfour [1919] 2 KB 571, Atkin LJ suggested that the basis for the presumption that the parties to a domestic agreement do not intend to create legal relations is derived from:

not completed
. Harry and his mother, Janet, agree to go halves on a cheap fishing boat which they both intend to use for pleasure, but which will also serve to help Harry set up his new fishing business. In which of the following cases is the court most likely to find an intention to create legal relations?

not completed
. Two neighbours (X and Y) enter into a signed written agreement to maintain the sculpted hedge between their respective gardens. The agreement contains a clause explicitly preventing the agreement from amounting to a contract in law. Instead the parties agree in good faith to 'honourably pledge' themselves to maintain and pay for all work done to the hedge in alternate years. Five years later, X fails to maintain the hedge. As a consequence the hedge grows to an unruly height and is cut down by the council, which considers it to be a public nuisance. Y tries to sue X for breach of contract. What happens?

Back to top