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Study sets matching "create legal relations"

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Study sets matching "create legal relations"

24 terms
Intention to create legal relations
written (Errington v Errington) ... prese…
Husband agrees to pay 30 a month for w…
Agreement between divorced couple
Promises are a result of love and affe…
3 things that can rebut the presumptions of a domestic/social…
Balfour v Balfour
Merritt v Merritt
Lord Denning about inter-spousal agreements
written (Errington v Errington) ... prese…
3 things that can rebut the presumptions of a domestic/social…
Husband agrees to pay 30 a month for w…
Balfour v Balfour
33 terms
Intention to Create Legal Relations
The essential question is whether an a…
The law won't recognise some types of…
Traditional Approach
Domestic cases
a) legally binding contract OR... b) An arrangement which is not…
a) agreements not supported by consideration (no exchange of…
To discern between 'domestic' v 'business' arrangements. Havi…
Courts were unwilling to find legally binding contracts. But…
The essential question is whether an a…
a) legally binding contract OR... b) An arrangement which is not…
The law won't recognise some types of…
a) agreements not supported by consideration (no exchange of…
Intention to Create Legal Relations
Balfour v Balfour 1919
Lens v Devonshire Club 1914
Jones v Padavantton 1969
Vaughan v Vaughan 1953
Mr. Balfour promised to pay his wife £30 a month until she co…
The winner of a competition held by a golf course could not s…
Mrs. Jones wanted to repossess her house from her daughter du…
Held: presumption upheld, as the arrangement was too vague.
Balfour v Balfour 1919
Mr. Balfour promised to pay his wife £30 a month until she co…
Lens v Devonshire Club 1914
The winner of a competition held by a golf course could not s…
6 terms
Intention to create legal relations
In Social and domestic agreements, law…
Presumed parties didn't intend to be l…
Exception: rebutting the presumption.
Presumption may be rebutted when there…
Balfour v Balfour 1919
Jones v Padavaton 1969
Merrit v Merrit 1970
SImpkins v Pays 1955
In Social and domestic agreements, law…
Balfour v Balfour 1919
Presumed parties didn't intend to be l…
Jones v Padavaton 1969
15 terms
Intention to Create Legal Relations
Balfour v Balfour
Petit v Petit
Merit v Merit
Jones v Padavatton
Man went to Sri Lanka and wife was unable to accompany husban…
L Diplock said prima facie, arrangements between husband and…
It will be presumed that there are no intentions to create le…
Daughter lived in America. Mother promissed to pay for daught…
Balfour v Balfour
Man went to Sri Lanka and wife was unable to accompany husban…
Petit v Petit
L Diplock said prima facie, arrangements between husband and…
7 terms
Intention to Create legal relations
Blair v Western Mutual Benefits (1972)…
Rose & Frank v JR Crompton (1932) (KB)
Wood v Lucy, Lady Duff Gordon
Balfour v Balfour (Lord Atkin)
-offer must be deliberately communicate to offeree... -offeror m…
-parties can enter into non legally binding contracts if this…
-a promise may be lacking, yet the whole writing may be insti…
-do not assume intention in private sphere... -promises between…
Blair v Western Mutual Benefits (1972)…
-offer must be deliberately communicate to offeree... -offeror m…
Rose & Frank v JR Crompton (1932) (KB)
-parties can enter into non legally binding contracts if this…
11 terms
Intention to create legal relations
Baird Textile Holdings v Marks & Spencer
Rouvroy
Jones v Padavatton
Balfour v Balfour (Domestic)
Doctrine is important for contract law
An objective test is applied to contracts to see if parties h…
Court considers what parties said and wrote at time of contra…
General rule is that parties do not intend to create legal re…
Baird Textile Holdings v Marks & Spencer
Doctrine is important for contract law
Rouvroy
An objective test is applied to contracts to see if parties h…
7 terms
Intention to create legal relations
Social and domestic presumption
Commercial presumption
2 key social and domestic cases
Social and Domestic cases which the pr…
There is no intention to create legal relations
There is intention to create legal relations
Balfour v Balfour ... Jones v Padavatton
Merritt v Merritt... Parker v Clarke... Simpkins v Pays
Social and domestic presumption
There is no intention to create legal relations
Commercial presumption
There is intention to create legal relations
39 terms
Intention To Create Legal Relations
Rose and Frank Co. v Crompton Bros - L…
THERE WILL BE ICLR... Bunn and Bunn v Ree…
Share contract complete but for minor…
Bowerman had walked into travel agents…
Necessary Part of a Contract
Presumption in Commercial Agreements... 4 cases
ICLR presumed in commercial agreement... Bunn and Bunn v Rees &…
ICLR presumed in commercial agreement... Bowerman v Associates o…
Rose and Frank Co. v Crompton Bros - L…
Necessary Part of a Contract
THERE WILL BE ICLR... Bunn and Bunn v Ree…
Presumption in Commercial Agreements... 4 cases
9 terms
Intention to create legal relations
Balfour v Balfour
Merritt v Merritt
Jones v Padavatton
Simpkins v Pays
General presumption that there is no ITCLR between family mem…
Balfour doesn't apply where the family members are not amicable
Agreements between parent and child are presumed to have no I…
People sharing a house, court will consider circumstances of…
Balfour v Balfour
General presumption that there is no ITCLR between family mem…
Merritt v Merritt
Balfour doesn't apply where the family members are not amicable
16 terms
Intention to Create Legal Relations
Plan
Albert v Motor Insurer's Bureau
FAMILY PRESUMPTION
Balfour v Balfour
1. Intention... 2. Family Presumption... 3. Commercial... 4. Course of…
There is no need for actual, subjective intention
...
There is a presumption against ITCLR in family context
Plan
1. Intention... 2. Family Presumption... 3. Commercial... 4. Course of…
Albert v Motor Insurer's Bureau
There is no need for actual, subjective intention
9 terms
Intent to Create Legal Relations
Balfour v Balfour
Jones v Padavatton
Hadley v Kemp
Merritt v Merritt
No intent to create legal relations between family members
No intent to create legal relations between family members
Their relations were more social than business
Distinguished, couple were separated
Balfour v Balfour
No intent to create legal relations between family members
Jones v Padavatton
No intent to create legal relations between family members
15 terms
Intention to create legal relations
RTS Flexible Systems Ltd
Balfour v Balfour
Merritt v Merritt
Gould v Gould
the courts take an objective approach to determining an I2CLR
inter-spousal agreements are not intended to be legally bound
the breakdown/separation of a marriage takes the relationship…
the language used must be sufficiently certain to rebut the p…
RTS Flexible Systems Ltd
the courts take an objective approach to determining an I2CLR
Balfour v Balfour
inter-spousal agreements are not intended to be legally bound
13 terms
Intention to create legal relations
Intention to create legal relations
Social and domestic situations
Commercial agreements
Balfour v Balfour 1919
Intention to create a legally binding agreement
Presumption in the absence of evidence to the contrary = not…
Presumption = is intended to be legally binding
Case between husband and wife where arrangement made on basis…
Intention to create legal relations
Intention to create a legally binding agreement
Social and domestic situations
Presumption in the absence of evidence to the contrary = not…
INTENTION TO CREATE LEGAL RELATIONS
Modern NZ approach- Domestic cases
Domestic cases agreements on property/…
Domestic cases parents/children
Domestic cases distant relations
No presumption of intention made, just decide on objective vi…
Most will be intended to be binding. Merritt v Merritt
Courts hesitant to find intention between parents/children. J…
Courts more ready to find intention between more distant rela…
Modern NZ approach- Domestic cases
No presumption of intention made, just decide on objective vi…
Domestic cases agreements on property/…
Most will be intended to be binding. Merritt v Merritt
8 terms
Intention to create legal relations
Cohen v Cohen (1929) 42 CLR 91
Balfour v Balfour [1919] 2 KB 571
Jones v Padavatton [1969] 2 All ER 616
Ermogenous v Greek Orthodox Community…
Before they married, husband promised to pay wife an annual a…
Husband promise to pay wife 30p/month while she stays in Engl…
Jone (P) agreed 2 pay 4 daughter's (D) expenses if she agreed…
E claimed payments he thought were due for annual + long serv…
Cohen v Cohen (1929) 42 CLR 91
Before they married, husband promised to pay wife an annual a…
Balfour v Balfour [1919] 2 KB 571
Husband promise to pay wife 30p/month while she stays in Engl…
17 terms
Intention to create legal relations
Domestic agreement
Social agreement
The test used to determine whether the…
In this case, there was a domestic agr…
An agreement between family
An agreement between friends
Objective
Balfour v Balfour
Domestic agreement
An agreement between family
Social agreement
An agreement between friends
8 terms
Intention to create legal relations
Parker v Clark
Jones v Padavatton
Fleming v Beevers
Marbon v Conference of the Methodist C…
Whether an agreement between two couples to live together was…
Mother promised daughter financial support if she came to Eng…
Couple bought house together in Queenstown.... Promised to leave…
Whether a minister was entitled to recover for being dismisse…
Parker v Clark
Whether an agreement between two couples to live together was…
Jones v Padavatton
Mother promised daughter financial support if she came to Eng…
Intention to create legal relations
Parker v Clarke
Jones v Padavatton
Fleming v Beevers
Mabon v Conference of Methodist Church…
Legal obligations may exist for a promise if in writing and i…
Uni-lateral changes to the agreement make it incapable of bei…
What would a reasonable bystander think the parties intended?…
Express term in agreement can remove legal obligations
Parker v Clarke
Legal obligations may exist for a promise if in writing and i…
Jones v Padavatton
Uni-lateral changes to the agreement make it incapable of bei…
11 terms
Intention to create legal relations
Cohen v Cohen (1929) 42 CLR 91
Balfour v Balfour [1919] 2 KB 571
Jones v Padavatton [1969] 2 All ER 616
Ermogenous v Greek Orthodox Community…
Before they married, husband promised to pay wife an annual a…
Husband promise to pay wife 30p/month while she stays in Engl…
Jone (P) agreed 2 pay 4 daughter's (D) expenses if she agreed…
E claimed payments he thought were due for annual + long serv…
Cohen v Cohen (1929) 42 CLR 91
Before they married, husband promised to pay wife an annual a…
Balfour v Balfour [1919] 2 KB 571
Husband promise to pay wife 30p/month while she stays in Engl…
6 terms
Intention to create legal relations
Jones v Padavatton
Errington v Errington
Merrit v Merrit
3rd party to the agreement
Court assumes parties do not wish to be bound
Written agreement
Parties have separated
Simpkins v Pays
Jones v Padavatton
Court assumes parties do not wish to be bound
Errington v Errington
Written agreement
9 terms
INTENTION TO CREATE LEGAL RELATIONS
Balfour v Balfour
Merritt v Merritt
Fleming v Beevers
Esso Petroleum Ltd
Domestic cases based on good faith and no legal binding contr…
Rebuts domestic presumption, held family arrangement was more…
Modern approach, more likely to find a contractual relationsh…
Rebuttal of presumption and absent of contractual intention
Balfour v Balfour
Domestic cases based on good faith and no legal binding contr…
Merritt v Merritt
Rebuts domestic presumption, held family arrangement was more…
13 terms
Intention to create legal relations
Balfour
Padavatton
Merrit
Fleming v Beevers
For domestic cases, courts are against legal consequences bei…
parent/child agreements are made in good faith
Likely to find intention for agreements concerned with assets
Objective view
Balfour
For domestic cases, courts are against legal consequences bei…
Padavatton
parent/child agreements are made in good faith
11 terms
Intention to create legal relations
Rose and Frank Co v Crompton Bros
Balfour v Balfour
Merritt v Merritt
Jones v Padavatton
There must be an intention to create legal relations for ther…
In social and domestic agreements it is presumed that there i…
An agreement between a couple that is separated is presumed t…
Agreements between parents and children are presumed not to c…
Rose and Frank Co v Crompton Bros
There must be an intention to create legal relations for ther…
Balfour v Balfour
In social and domestic agreements it is presumed that there i…
9 terms
Intention to create legal relations
General Principle
Commercial Relationships
Express terms no presumption of ICLR c…
Social & Domestic Agreements
Parties must intent that upon breach parties have the right t…
strong presumption of ICLR in commercial settings but rebutta…
Rose & Frank v Crompton... "contained clause stating that the t…
NO ICLR unless contrary can be proven
General Principle
Parties must intent that upon breach parties have the right t…
Commercial Relationships
strong presumption of ICLR in commercial settings but rebutta…
14 terms
Intention to Create Legal Relations
General - Fleming v Beevers
General - Storer v Manchester CC
General - Courts
Social Agreements - Balfour v Balfour
An agreement between two or more parties will only be legally…
Intention will be found only in the outward expression caused…
Courts are generally and hsitoriacally readier to find an int…
Courts have shown a strong inclination (presumption) against…
General - Fleming v Beevers
An agreement between two or more parties will only be legally…
General - Storer v Manchester CC
Intention will be found only in the outward expression caused…
16 terms
Intention to create legal relations
Edwards v Skyways
Rose & Frank Co v JR Crompton & Bros Ltd
Kleinwort Benson Ltd v Malaysia Mining…
Fleming v Beevers
This arrangement intended to be legally binding and enforceable
"No contract" clause showed clear intention between the parit…
No legally binding contract of guarantee
No longer use the presumptions - domestic and business
Edwards v Skyways
This arrangement intended to be legally binding and enforceable
Rose & Frank Co v JR Crompton & Bros Ltd
"No contract" clause showed clear intention between the parit…
10 terms
Intention to Create Legal Relations
ICLR
Not usually binding
Balfour V Balfour
Merritt V Merritt
Each party must intend a contract for it be legally binding
In domestic and social situations
Happily married couple agreed an allowance during travelling,…
Separated couple made financial agreements. There must have b…
ICLR
Each party must intend a contract for it be legally binding
Not usually binding
In domestic and social situations
8 terms
intention to create legal relations
domestic cases
balfour v balfour
merrit v merrit
edwards v skyways
courts generally unwilling to find legally binding contracts…
husband and wife scenario- held no legally binding contract
mortgage on house case. husband paying wife. court held that…
traditional approach=business arrangements presumed to be leg…
domestic cases
courts generally unwilling to find legally binding contracts…
balfour v balfour
husband and wife scenario- held no legally binding contract
15 terms
Intention to Create Legal Relations
Ermogenous v Greek Orthodox Community…
Balfour v Balfour
Todd v Nicol
Popiw v Popiw
Relevant To: Intention - status of 'presumptions'... Issue: Was…
Relevant To: Intention - domestic relations... Issue: Was a wif…
Relevant To: Intention - family relations... Issue: Was a promi…
Relevant To: Intention - family relations. Consideration - ex…
Ermogenous v Greek Orthodox Community…
Relevant To: Intention - status of 'presumptions'... Issue: Was…
Balfour v Balfour
Relevant To: Intention - domestic relations... Issue: Was a wif…
6 terms
Intention to create legal relations
Two Presumptions
Social Situations... Balfour v Balfour 1919
Social Situations... Parker v Clark 1960
Intention and reasonable expectation
1. No formal contract intended in social or domestic situatio…
Husbands promise of maintenance payments not enforceable ... So…
Presumption overcome - Parkers did something in reliance on t…
If the reasonable person would consider an intention to contr…
Two Presumptions
1. No formal contract intended in social or domestic situatio…
Social Situations... Balfour v Balfour 1919
Husbands promise of maintenance payments not enforceable ... So…
8 terms
Intention to create legal relations
Parker v Clark
Jones v Padavatton
Fleming v Beevers
Mabon v Methodist Church
elderly couple case. proposal to leave property in a will can…
one party changed terms, therefore no legal intention
Queenstown de facto couple. significant number of agreements…
In Church's constitution, "a minister is not an employee of t…
Parker v Clark
elderly couple case. proposal to leave property in a will can…
Jones v Padavatton
one party changed terms, therefore no legal intention
9 terms
Intention to create legal relations
When is this applicable?
Balfour v Balfour
Merritt v Merritt
Jones v Padavatton
Intention to create legal relations only really occurs within…
Husband and Wife case, ruled wife could not sue for payments…
However, if the couple are about to separate or have separate…
House bought for daughter in London while she trained for the…
When is this applicable?
Intention to create legal relations only really occurs within…
Balfour v Balfour
Husband and Wife case, ruled wife could not sue for payments…
8 terms
Intention to create legal relations
Parker v Clark
Jones v Padavatton
Fleming v Beevers
Mabon v Methodist Church
Family arrangement promises not enforced by the courts
Oral contract which changed halfway suggested no legal contra…
Denounces presumption that agreements between family members…
No contractual agreement & not an employment agreement
Parker v Clark
Family arrangement promises not enforced by the courts
Jones v Padavatton
Oral contract which changed halfway suggested no legal contra…
Intention to Create Legal Relations
Four Requirements for a Contract
Presumption to Social Agreements
Husband/Wife Agreements
Parent/Child Agreements
Offer, Acceptance, Intention and Consideration
No legal relations
No legal relations unless specifically stated - No relations…
No legal relations - Jones v Padavatton [1969]
Four Requirements for a Contract
Offer, Acceptance, Intention and Consideration
Presumption to Social Agreements
No legal relations
12 terms
Intention to create legal relations
Balfour v balfour
Jones v padavatton
Merritt v merritt
Parker v clark
Husband worked overseas- maintenance payments-happy married-d…
Mother-daughter-domestic agreement- not intended to be legall…
Husband left his wife to live with another woman-jointly owne…
House sold-household expenses- tv-car-then told to leave but…
Balfour v balfour
Husband worked overseas- maintenance payments-happy married-d…
Jones v padavatton
Mother-daughter-domestic agreement- not intended to be legall…
18 terms
Intention to create legal relations
Merrit [1970]
Balfour [1919]
Edmonds v Lawson [2000]
Parker v Clarke [1960]
FACTS:... Husband left his wife but signed an agreement stating…
FACTS:... Husband who worked overseas agreed to send maintenance…
FACTS:... The head of a barristers' chambers, "employed" a pupil…
FACTS:... An agreement was made that the Parkers would sell thei…
Merrit [1970]
FACTS:... Husband left his wife but signed an agreement stating…
Balfour [1919]
FACTS:... Husband who worked overseas agreed to send maintenance…
Intention to Create Legal Relations
Parker v Clarke (domestic and social a…
Jones v Padavatton (domestic and socia…
Flemming v Beevers (domestic and socia…
Mabon v Church (domestic and social ag…
authority for domestic to be contractual and enforceable at l…
the mother unilaterally changed the terms of the contract the…
agreement of defacto relationship to leave each other their s…
the statement "a minister is not an employee of the church" p…
Parker v Clarke (domestic and social a…
authority for domestic to be contractual and enforceable at l…
Jones v Padavatton (domestic and socia…
the mother unilaterally changed the terms of the contract the…
8 terms
Intention to create legal relations
Parker v Clark
Jones v Padavatton
Fleming v Beevers
Mabon v Conference of the Methodist Ch…
Two retired couples ending up living together. Were they inte…
Intention to create legal relations NOT found. There was noth…
TIPPING J: There was a promise, but no intent of legal relati…
Got paid, agreement in writing, loss suffered, like an employ…
Parker v Clark
Two retired couples ending up living together. Were they inte…
Jones v Padavatton
Intention to create legal relations NOT found. There was noth…
8 terms
Intention to create legal relations
for a contract to be enforceable...
what is the presumption in intention t…
Balfour v. Balfour, [1919] 2 K.B. 571…
Merritt v. Merritt, [1970] 2 All E.R.…
the parties must have intended to enter into legal relations.…
Unless otherwise stated, family, domestic or social agreement…
Agreements between a husband and a wife in amity do not give…
While relations between couples normally don't intend to give…
for a contract to be enforceable...
the parties must have intended to enter into legal relations.…
what is the presumption in intention t…
Unless otherwise stated, family, domestic or social agreement…
11 terms
Intention to create legal relations
Second requirement for contract to be…
DOMESTIC AND SOCIAL AGREEMENTS
Parker v Clark
Jones v Padavatton
Not all agreements are intended to create contractual/legal r…
Whether parties have intention to create legal relations or n…
Concerned elderly couple who suggested their niece and her hu…
Mother verbally told daughter if she moves to England and stu…
Second requirement for contract to be…
Not all agreements are intended to create contractual/legal r…
DOMESTIC AND SOCIAL AGREEMENTS
Whether parties have intention to create legal relations or n…
8 terms
Intention to Create Legal Relations
Parker v Clark
Jones v Padaratton
Fleming v Beevers
Mabon v Methodist Church
Couple had stuff in writing, should have known that it was le…
If that basis of the agreement can be changed at the will of…
Tipping J - transactions between family presumed not to be le…
Even against compelling evidence, clear intention will prevail.
Parker v Clark
Couple had stuff in writing, should have known that it was le…
Jones v Padaratton
If that basis of the agreement can be changed at the will of…
10 terms
Intentions to create legal relations
Overview
Courts determine the intentions by
Parker v Clark
Jones v Padavatton
Cases inwhich agreement is impeached as lacking contractual f…
The of the case and the language used. In either case of cour…
Reliance on domestic promise was enough. ... Couple who gave up…
Highlights the doctrine of part performance.... Mother daughter…
Overview
Cases inwhich agreement is impeached as lacking contractual f…
Courts determine the intentions by
The of the case and the language used. In either case of cour…
21 terms
Intention to create legal relations
The presumption in S+D agreements is t…
The presumption in commercial agreemen…
Subjective evidence can be used to reb…
Objective evidence can be used to rebu…
...there is NO intention to create legal relations
...there IS an intention to create legal relations
FALSE
TRUE
The presumption in S+D agreements is t…
...there is NO intention to create legal relations
The presumption in commercial agreemen…
...there IS an intention to create legal relations
11 terms
Intention to create legal relations
what is a basic requirement of a valid…
how do the courts decide whether an ag…
what do the courts presume if the agre…
define Rose & Frank Co v Crompton Bros
That at the time the parties make their agreement they must i…
They have a rebuttable presumption for business/commercial ag…
That the agreement was intended to be legally binding. - Rose…
-The parties had included in their written agreement the word…
what is a basic requirement of a valid…
That at the time the parties make their agreement they must i…
how do the courts decide whether an ag…
They have a rebuttable presumption for business/commercial ag…
13 terms
Intention to create legal relations
What is the basic principle with an in…
What type of agreements are not usuall…
What agreements are usually binding?
When are collective agreements binding?
Based on what a reasonable person would have intended
Domestic
Commercial
If in writing and expressed to be so
What is the basic principle with an in…
Based on what a reasonable person would have intended
What type of agreements are not usuall…
Domestic
28 terms
Intention to Creat Legal Relations
Balfour v Balfour
Merritt v Merritt
Parker v Clark
Rosi & Frank v Crompton Bros
- Leading authority for domestic/social agreements... -The burde…
-Husband refused to put name of wife on land after they separ…
-If a party has acted to his/her detriment in reliance on the…
-Courts accepted that parties may enter into agreement which…
Balfour v Balfour
- Leading authority for domestic/social agreements... -The burde…
Merritt v Merritt
-Husband refused to put name of wife on land after they separ…
13 terms
Intention to Create Legal Relations Cases
Wilson v Burnett
Peck v Lateu
Confetti Records & Others v Warner Mus…
Edwards v Skyways
Two women claimed they had reached an oral agreement with the…
Peck and Lateu were friends who loved to play bingo. Hence, t…
D wanted to use a song owned by the C on a compilation album.…
C was a pilot who had been made redundant by D. He had been t…
Wilson v Burnett
Two women claimed they had reached an oral agreement with the…
Peck v Lateu
Peck and Lateu were friends who loved to play bingo. Hence, t…
14 terms
Intention to Create Legal Relations (1)
Domestic, Family or Social Arrangements
Fleming v Beevers (Facts)
Fleming v Beevers (Judgement)
Welch v Jess (Judgement)
When you had a domestic family case, there was a presumption…
The de facto partners owned a house as tenants in common, so…
The facts give rise to a strong inference that the parties in…
The plaintiff entered a fishing competition and they had said…
Domestic, Family or Social Arrangements
When you had a domestic family case, there was a presumption…
Fleming v Beevers (Facts)
The de facto partners owned a house as tenants in common, so…
11 terms
Contract - Intention To Create Legal Relations
Parker v Clark [1960] ... DOMESTIC & SOC…
Jones v Padavatton [1969]... DOMESTIC AN…
*Fleming v Beevers [1994]... DOMESTIC AN…
Agreement between family members
Concerned an elderly couple who owned a house. They suggested…
Concerns an arrangement between a mother and her daughter. Th…
Concerned a couple who were in a de facto relationship (in fa…
In English law there is a presumption when you have agreement…
Parker v Clark [1960] ... DOMESTIC & SOC…
Concerned an elderly couple who owned a house. They suggested…
Jones v Padavatton [1969]... DOMESTIC AN…
Concerns an arrangement between a mother and her daughter. Th…
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