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In the Padavatton was 34 years old and living in Washington, USA, with her son. She had a good job, salary and pension rights. Jones. Jones v Padavatton: CA 29 Nov Cited – Balfour v Balfour CA ([] 2 KB , [] All ER Rep , () 88 LJKB , (). Unfortunately, the mother (Mrs Jones) was thinking in West Indian dollars in which dollars was equal to 42 a month, and the daughter, living in Washington.

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The first question in this most unhappy case is whether the arrangement made between mother and daughter in August was intended to create a legally enforceable contract between them, or was merely one of those family or domestic arrangements whore the parties at the time had no thought or intention of invoking the assistance of the courts should the arrangement not be honoured.

Anyhow, the daughter was entered with Pqdavatton Inn as a student, and the necessary fees were paid by a Mr Agimudie, a lawyer in Trinidad, as Mrs Jones’s agent.

Providing resources for studying law. The daughter alleges that there was such an agreement, and the mother denies it.

From Wikipedia, the free encyclopedia. In the present case the learned county court judge, having had the advantage of seeing the mother and daughter in the witness-box, entirely accepted the daughter’s version of the facts. This has been called “step two”. The daughter argued there was a binding contract that she could stay. The daughter was reluctant to do so at first as she had a well paid job with the Indian embassy in Washington and was quite happy and settled, however, the mother persuaded her that it would be in her interest to do so.

Before us a great deal of time was spent on discussions as to what were the joens of the arrangement between the parties, and it seemed to ma that the further the discussions went, the more obscure and uncertain the terms alleged became.


How to cite this page Choose cite joness On this point I agree with Salmon. He addresses several points in his judgement, firstly whether the agreements made between the parties were intended to be legally enforceable, secondly did the mother intend to be legally bound to support her daughter for an uncertain period of time, and thirdly did the daughter assume a contractual obligation to complete her studies.

Jones v Padavatton

Member feedback about Balfour v Balfour: Mrs Balfour was living with him. Contract law regulates all sorts of transactions, from buying a tube ticket to computerised derivatives trading.

The parties cannot have contemplated that the daughter should go on studying for the Bar and draw the allowance until aha was seventy, nor on the other hand that the mother could have discontinued the allowance padzvatton the daughter did not pass her examinations within, say, eighteen months.

In the mother made a proposal that aha should buy a house in London of some size so that the daughter and Tommy could live in a room or in rooms in the house, and the rest of the house could be let off to tenants, and the rents would cover expenses and provide maintenance for the daughter and Tommy in place of the 42 a month. On the facts as found by the learned county court judge this was entirely different from the ordinary case of a mother promising her daughter an allowance whilst the daughter read for the Bar, or a father promising his eon an allowance at university if the son passes the necessary examinations to gain admission The daughter hare was thirty-four years of age in She took her son, Tommy, with her.

Mrs Jones and her daughter seem to have been on very good terms before The Court held that there was no binding contract.

The daughter moved in in the following month, furnished and equipped the house largely by hire purchase, and tenants began to arrive in February The precise terms of the arrangement between mother and daughter were difficult to discover completely.

English contract case law English enforceability case law Court of Appeal of England and Wales cases in British law in case law. We will write a custom paper sample on The case of Jones v ;adavatton specifically for you. Canadian law Revolvy Brain revolvybrain.


The case of Jones v Padavatton Paper

In English law, there are two judicial devices to help a court to decide wh New Zealand contract case law Revolvy Brain revolvybrain. There must be evidence that the parties intended the agreement to be subject to the law of contract.

This will certainly result in a great waste of time and money, and can only exacerbate ill feeling between mother and daughter with a little good will and good sense on padavayton sides, this could and should be avoided by reaching a reasonable compromise on the figures. Any agreement that is enforceable in court is a contract.

No agreement was reached about how long this arrangement would continue. Be relied upon the old case of Shadwell v. By using this site, you agree to the Terms of Use and Privacy Policy.

There was a doubt whether the daughter’s rights were confined to one room, or could she occupy several?

Jones v Padavatton | England and Wales Court of Appeal (Civil Division) | Judgment | Law | CaseMine

Although there would have been a contract if it was not the domestic parties related, there was insufficient evidence to rebut the presumption against domestic arrangements.

Member feedback about Merritt v Merritt: Her doctor advised her to stay in England, because the Ceylon climate would be detrimental to her health.

During a visit to England in the mother found that her daughter was living in one room in Acton costing 6. The mother sought possession of the house.

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