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    Jones V Padavatton (1969)

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    ماتو اریکا
    This case involved a dispute between a mother and daughter over an agreement for the mother to provide housing for the daughter while she studied for the bar exam. The daughter argued the agreement was a legally binding contract, while the mother claimed it was an informal family arrangement. The court held for the mother, finding a presumption that agreements between family are based on trust rather than legal enforceability, and that the informality of the agreement between the mother and daughter indicated there was no intention to create a legally binding contract.

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    Jones V Padavatton (1969)

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    ماتو اریکا
    717 views1 page
    This case involved a dispute between a mother and daughter over an agreement for the mother to provide housing for the daughter while she studied for the bar exam. The daughter argued the agreement was a legally binding contract, while the mother claimed it was an informal family arrangement. The court held for the mother, finding a presumption that agreements between family are based on trust rather than legal enforceability, and that the informality of the agreement between the mother and daughter indicated there was no intention to create a legally binding contract.

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    This case involved a dispute between a mother and daughter over an agreement for the mother to provide housing for the daughter while she studied for the bar exam. The daughter argued the agreement was a legally binding contract, while the mother claimed it was an informal family arrangement. The court held for the mother, finding a presumption that agreements between family are based on trust rather than legal enforceability, and that the informality of the agreement between the mother and daughter indicated there was no intention to create a legally binding contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    717 views1 page

    Jones V Padavatton (1969)

    Uploaded by

    ماتو اریکا
    This case involved a dispute between a mother and daughter over an agreement for the mother to provide housing for the daughter while she studied for the bar exam. The daughter argued the agreement was a legally binding contract, while the mother claimed it was an informal family arrangement. The court held for the mother, finding a presumption that agreements between family are based on trust rather than legal enforceability, and that the informality of the agreement between the mother and daughter indicated there was no intention to create a legally binding contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Jones v Padavatton [1969]

    Agreement for mother to maintain daughter; whether intention to create legal relations

    Facts

    A mother and daughter came to an arrangement whereby the mother agreed to maintain her
    daughter if she agreed to study for the bar. The daughter commenced her studies and the mother
    paid her an allowance. The arrangement was later altered and the mother agreed to provide a
    house in which her daughter could reside whilst she studied. Mother and daughter fell into
    dispute as to the occupancy of the house, and the mother sought possession. It was held the
    daughter was entitled to remain in possession and the mother appealed.

    Issues

    The daughter argued the agreement between herself and her mother amounted to a legally
    binding contract and, as such, she should be entitled to remain in occupation of the house. She
    claimed there had been an intention to create legal relations and she had provided consideration
    for her mother’s maintenance by studying for the bar. The mother argued there was merely an
    informal family arrangement, there had been no intention to create legal relations and she was,
    therefore, entitled to recover possession of the house. Even if there was an enforceable contract,
    she asserted the terms of the arrangement were too vague for the court to enforce.

    Held

    The mother’s appeal was successful and she was awarded possession. There is a presumption
    that family arrangements are based on mutual trust, family ties and affection, and that there is no
    intention to create legally binding contracts capable of enforcement in the courts. This
    presumption can be rebutted, but the lack of formality regarding the agreement between mother
    and daughter strongly indicated there was no such intention and the daughter had no defence to
    her mother’s claim for the house.

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