Commercial Agreements
Esso Petroleum v Commissioners of Customs & Excise (1976) 1 WLR 1, House of Lords

Presumption is intention to contract.

Implied Terms
Foley v Classique Coaches Ltd (1934) 2 KB 1, Court of Appeal

Valid contract if there is a way to resolve price disputes; contract had functioned for some time; court will imply

Edmonds v Lawson (2000) QB 501, Court of Appeal

The test for Intention is Objective.

Provisions for Terms
British Bank for Foreign Trade Ltd v Novinex Ltd (1949) 1 K.B. 623, Court of Appeal

If contract contains provisions that allow for execution/terms to be determined and executed on one side it is valid.

Social/Domestic Agreements
Balfour v. Balfour (1919) 2 K.B. 571, Court of Appeal

There is a strong presumption that family agreements are not intended to produce legal consequences.

Simpkins v Pays (1955) 1 WLR 975, Chester Assizes

Cohabitees may rebut presumed lack of intention in social agreement.

Coward v Motor Insurers Bureau (1962) 2 WLR 663, Court of Appeal

Social Agreements have a rebuttable presumption of lack of intention

Jones v Padavatton (1969) 1 W.L.R. 328, Court of Appeal

rebuttable presumption that parent/child agreement are not intentions to contract

Merritt v Merritt (1970) 1 WLR 1211, Court of Appeal

Presumption of lack of intention in Social Agreements is rebuttable.


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