Agreements between parents and children

EdgarAllenPoo

It sounds weird but what I want to know is can a person and their parents enter into a contract over the repayment of college fees( after college is finished).

It's more for my own peace of mind than my parents wanting the money back(they don't).

Random

Once you're over 18 you can enter into a contract.

Draw up a basic contract between you, make 2 copys, have both partys sign both, and give a copy to each of you.

Alternatively you could spend an enormous amount of money on a solitor to draw one up for you, but this shouldn't be needed for such a "simple" agreement.

dermot_sheehan

There however needs to be an intention to create a legal relationship for the contract to be binding however. I don't have the case law to hand and am quite drunk at moment but I think Beswick v. Beswick says that there's a presumption between immediate family members that there's no intention to create legal relationships, though I stand to be corrected. Any agreement would need to expressly rebut this presumption.

There is also the question of past consideration. As far as I know, past consideration can not be used to enforce a contract, the payment of the fees having already occured without a contract would be taken to be an ex gratious gift, and can not be used to enforce a new contract.

hullaballoo

gabhain7 wrote:

There however needs to be an intention to create a legal relationship for the contract to be binding however. I don't have the case law to hand and am quite drunk at moment but I think Beswick v. Beswick says that there's a presumption between immediate family members that there's no intention to create legal relationships, though I stand to be corrected. Any agreement would need to expressly rebut this presumption.

There is also the question of past consideration. As far as I know, past consideration can not be used to enforce a contract, the payment of the fees having already occured without a contract would be taken to be an ex gratious gift, and can not be used to enforce a new contract.

Pretty much nail on the head there. It's unlikely that a court would weigh such a contract against the child as there are constitutional rights involved as well.

EdgarAllenPoo

There is also the question of past consideration.

Past consideration is not good consideration if I remember from my Contract lectures.

mountainyman

I am sure that if the agreement stressed that the contract was intended to be legally binding it could be.

Ava

domestic arrangments do not automatically give rise to an intention to create LR. however depends on several factors such as the preciseness of terms, whether they;re put in writing and of course consideration as was discussed in jones v padavatton - involved agreement where mother would provide accommodation for daughter if she went back to college.

EdgarAllenPoo

Ava wrote:

domestic arrangments do not automatically give rise to an intention to create LR. however depends on several factors such as the preciseness of terms, whether they;re put in writing and of course consideration as was discussed in jones v padavatton - involved agreement where mother would provide accommodation for daughter if she went back to college.

Wasn't that the case where the mother asked the daughter to come home from America to become a barrister? A. the daughter was stupid, and b. the mother was a cow for doing that.