Business law questions

 Intention to Create Legal Relations

1          What inferences can be drawn in the following situations with regard to intention to create legal relations?

            A) social and domestic situations;

            B) business or commercial situations.

2.         In which of the following cases involving social, domestic or voluntary agreements did the court decide that a husband's promise to his wife to pay her maintenance while they were forced to live apart was not contractually binding? 

             A)  Simpkins v Pays [1955] 1 WLR 975. 

             B)  Balfour v Balfour [1912] 2 KB 571. 

             C)  Wakeling v Ripley (1951) SR(NSW) 183. 

             D)  Merritt v Merritt [1970] 2 AllER 760. 

Consideration

3.         What is meant by “consideration must be sufficient but it need not be adequate?”

4.         A owes B $500.00. A is in financial difficulties and B accepts $400.00 in discharge of the debt. Can B sue A for the balance of $100.00? What rule are you applying?

            Would it make any difference if:

A)  B had agreed in writing to accept the $400.00 in discharge of the whole debt, or,

            B)  the $400.00 had been paid by cheque, or,

C)  A had paid the $400.00 one week before the debt of $500.00 was due, or

D)  C had offered to pay B $400 for A on the due date and B had agreed, or

E)  A had offered to pay B $400 and give her his Powderfinger CD and B had accepted?

           

5.         In which case did the court decide that performance of an existing contractual duty by a group of sailors was not good consideration for the captain's promise to pay extra wages?

            A)  Glasbrook Bros Ltd v Glamorgan County Council [1925] AC 270. 

            B)  Hartley v Ponsonby (1871) 119 ER 1471. 

            C)  Stilk v Myrick [1809] 2 CAMP 317. 

            D)  Carlill v Carbolic Smoke Ball Co[1892] 2 QB 484

6.         What things have to be established to make a claim for promissory estoppel?

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