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The case of Jones v Padavatton concerned whether or not a legally enforceable contract existed between the parties, in this case a mother and daughter.
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CRITICAL ANALYSIS - CONTRACT LAW ASHLEY MAMLOK C05 SG 1 The case of Jones v Padavatton concerned whether or not a legally enforceable contract existed between the parties, in this case a mother and daughter. The judgements of Salmon LJ and Fenton Atkinson LJ, although reaching the same conclusion have very different reasoning. Salmon LJ considered that two main factors needed to be addressed; whether or not the parties had intended a legally binding contract, and whether the terms of the contract were sufficient to be legally enforceable. The English law operates generally on an objective approach based on what a reasonable person in the position of the parties would have intended. Salmon LJ follows this approach in his judgement, stating it is a presumption of fact that when arrangements are made between family members, they are not intended to create a legal relationship but are rather based on mutual ties of...
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