Intention to Create Legal Relations in UK Law

Leading Cases
  • Baird Textile Holdings Ltd v Marks and Spencer Plc
    • Court of Appeal (Civil Division)
    • 28 Feb 2001

    An intention to create legal relations is normally presumed in the case of an express or apparent agreement satisfying the first requirement: see Chitty on Contracts (28 th Ed.) It is otherwise, when the case is that an implied contract falls to be inferred from parties' conduct: Chitty, para.2–147. It is then for the party asserting such a contract to show the necessity for implying it.

  • Modahl v British Athletic Federation Ltd
    • Court of Appeal (Civil Division)
    • 12 Oct 2001

    Where there is an express agreement on essentials of sufficient certainty to be enforceable, an intention to create legal relations may commonly be assumed: Chitty, para. 2–146. It is then for the party asserting a contract to show the necessity for implying it: see The Aramis [1989] 1 Ll.R. 213, Blackpool and Fylde Aero Club Ltd. v. Blackpool B.C. [1990] 1 WLR 1195, The Hannah Blumenthal [1983] AC 854 and The Gudermes [1993] 1 Ll.R. 311

  • Judge v Crown Leisure Ltd
    • Court of Appeal (Civil Division)
    • 21 Abr 2005

    In my view, with respect, Mr Mulholland has misunderstood the ET's decision. The Tribunal did not hold that there was no intention to create legal relations. These two men were employer and employee; in effect, legal relations already existed between them. If words had been uttered that were capable of amounting to a contractual promise, it could not sensibly have been suggested that there was no intention to create legal relations.

  • Homburg Houtimport BV v Agrosin Private Ltd (Starsin)
    • House of Lords
    • 17 Mar 2003

    The identity of the parties to a contract is fundamental. Like the nature and amount of the consideration and the intention to create legal relations it is a question of fact and may be established by evidence. Such evidence is admissible even where the contract is in writing, at least so long as it does not contradict its express terms, and possibly even where it does: see Young v Schuler (1883) 11 QBD 651Chitty on Contracts 28th edn p 633.

  • Dresdner Kleinwort Ltd and Another v Richard Attrill and Others (First Respondent) Fahmi Anar and Others (Second Respondent)
    • Court of Appeal (Civil Division)
    • 26 Abr 2013

    In my judgment, this evidence is admissible even on the assumption that it was not known to the employees when the offer was made. But a rule of this nature must not be allowed to work an injustice. So a party who in fact knows that the other party does not intend to create legal relations cannot seek to contend otherwise by asserting that the evidence, objectively analysed, supports his case. He knows the truth and should not be allowed to deny it: Pateman v Pay (1974) 232 E.G.467.

  • Percy v Church of Scotland Board of National Mission
    • House of Lords
    • 15 Dic 2005

    But those legal relations were not a contract of employment. They were an appointment to a well-recognised office, imposing legal duties and conferring legal rights. The nature of an office inevitably means that the procedures for appointment will closely resemble those attending the engagement of an employee.

  • New Testament Church of God v Stewart
    • Court of Appeal (Civil Division)
    • 19 Oct 2007

    The earlier cases, as explained, do not exclude that possibility; strong statements in Percy leave it open to Employment Tribunals to find, provided of course a careful and conscientious scrutiny of the evidence justifies such a finding, that there is an intention to create legal relations between a church and one of its ministers (Lord Nicholls paragraph 26, Lord Hoffmann paragraph 63, Lord Scott paragraph 137 and Baroness Hale paragraph 151).

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Legislation
  • Equality Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... and responsibilities in family relationships; and for connected purposes. . [8th April 2010] ... A reference to a tenancy is to a tenancy created (whether before or after the passing of this ..., P is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in ... or practice was not applied with the intention of discriminating against the claimant or ......
  • Space Industry Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (d) (d) relations with a country or territory outside the United .... (9) It is an offence intentionally to obstruct a person in the exercise of powers ... (a) (a) to participate in legal proceedings concerning a liability in relation to .... (2) An order under this section may create any rights over, in or in relation to land in ......
  • Industrial Relations Act 1971
    • UK Non-devolved
    • 1 de Enero de 1971
    ...... had exercised, or had indicated his intention. to exercise, any of the rights conferred on the ...to be legally enforceable,. . . shall be conclusively ...imperil national security or to create a serious risk of. public disorder, or.   . ( ......
  • Offices, Shops and Railway Premises Act 1963
    • UK Non-devolved
    • 1 de Enero de 1963
    ...... also that three clear days' notice of intention. to make an application under this subsection ... the circumstances are such that he is not legally entitled to require the authority by whom he was .... (1) This Act shall not operate to create, towards a member. of the naval, military or air ... and air forces and treaties and relations with foreign states or any part of Her Majesty's ......
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Books & Journal Articles
  • The Intention To Create Legal Relations
    • Núm. 23-3, Mayo 1960
    • The Modern Law Review
  • Collective Agreements: The Kahn‐Freund Legacy
    • Núm. 42-6, Noviembre 1979
    • The Modern Law Review
    ...... do not normally intend to create legal relations was confirmed by Ford ... contract for- mation, including intention. It was only in 1954, with the ......
  • THE LEGAL ENFORCEABILITY OF COLLECTIVE AGREEMENTS
    • Núm. 8-3, Noviembre 1970
    • British Journal of Industrial Relations
    ...... debate about the reform of labour relations and law, which included the issue of ... was reported as putting Ford’s intentions in Ford did not want to conduct its ... The Intention to Create Legal Relations Ford sued the A.E.F. and ......
  • CORRESPONDENCE
    • Núm. 33-2, Marzo 1970
    • The Modern Law Review
    ...... in order to discover an “intention” which never existed, or telling them ... the concept of “intention to create legal relations” is that it is ......
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Law Firm Commentaries
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