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3 Cards in this Set
- Front
- Back
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Jones v Padavatton |
- agreement between mother and daughter - J offered P a monthly allowance if she read for the bar - until she was admitted - then bought a house which P lived in for free - ISSUE: did either agreement create legal relations? - HELD: no/no intention - was held to be a family arrangement dependent on good faith - was not intended to be a binding rigid agreement |
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Fleming v Beevers *** LEADING CASE |
- appellant bought claims against her deceased de facto husbands estate - they had bought a house together in equal shares promising each other that on death they would bequest their half to one another - husband died before he changed his will - ISSUE: intention to create legal relations? - HELD: Yes - enforced - the question was one of facts in light of the circumstances - NZ APPROACH - each case will turn on its own facts and there is no substitute for a careful examination of these facts. |
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Mabon v Conference of Methodist Church NZ |
- HELD: - no contractual tie between a minister and his church - because both parties had intended the relationship be based on the constitution of the church which specifically said Ministers were not employees |
