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4 Cards in this Set
- Front
- Back
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Edwards v Skyways Ltd |
- worker was to be made redundant - company promised 'ex gratia' payout if he withdrew his pension - ex gratia = without admission of liability - HELD: - company was liable for payment - 'ex gratia' does not preclude the legal enforcability of the agreement itself - in relation to commercial agreements there is a heaving onus on the party claiming there is no intent to create legal relations - in line with fleming |
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Rose and Frank v Crompton |
- C manufacture carbon paper - had sold to R for many years - parties then decided to enter into an agreement - written clause: " not entered into, nor is this memorandum written, as a formal or legal agreement, and shall not be subject to legal jurisdiction" - HELD: - clause was effective - clause showed clearly the parties did not intend to create legal relations |
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Esso Petroleum v Customs and Excise Comrs |
- service station promotion in England - 4 gallons gas = free coin - ISSUE: was the coin part of the sale or a free gift? - HELD: 3 v 2 - there was intention to create legal relations - as the coin was designed to attract customers so their purpose was to gain commercial advantage - thus held to be contractual |
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Carlill v Carbolic Smoke Ball Co |
- promised/guarantee that if anyone who properly used their drug they would pay 100 pounds - claimed it was puffery - HELD - the statement was contractual |
