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Jones v Padavatton
- agreement between mother and daughter
- J offered P a monthly allowance if she read for the bar - until she was admitted
- then bought a house which P lived in for free
- ISSUE: did either agreement create legal relations?
- HELD: no/no intention
- was held to be a family arrangement dependent on good faith
- was not intended to be a binding rigid agreement
Fleming v Beevers
*** LEADING CASE
- appellant bought claims against her deceased de facto husbands estate
- they had bought a house together in equal shares promising each other that on death they would bequest their half to one another
- husband died before he changed his will
- ISSUE: intention to create legal relations?
- HELD: Yes - enforced
- the question was one of facts in light of the circumstances
- NZ APPROACH
- each case will turn on its own facts and there is no substitute for a careful examination of these facts.
Mabon v Conference of Methodist Church NZ
- HELD:
- no contractual tie between a minister and his church
- because both parties had intended the relationship be based on the constitution of the church which specifically said Ministers were not employees
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