Advice on Contract Law

The Maverick

I have heard a lot of conflicting opinions on this matter and it has left me confused: A father and his eldest daughter agree that the father will perform some small repairs around her house, if she collects his youngest daughter (her sister) from school everday for the next week. The elder daughter carries this out as promised, but the dad does not hold up his end of the bargain.
My question is, can the elder daughter enforce her father's promise? The father and the elder daughter don't live together and the promise was made orally if this makes any difference.

Delancey

Sounds like something for Judge Judy

Jo King

It is a typical exam question. Calls for a discussion on the intention to create legal relations in order to have a legally enforceable contract. Is the presumption that family/social contracts are not intended to be legally binding rebutted on the evidence? Usual conclusion is that not enough information has been given to say definitively. Unless the daughter who is doing the school run is suffering really serious detriment it is most unlikely to be enforceable. A further point is how specific are the fathers promises. Is it to do certain specific repairs or just give a general dig out? If it is too vague there would be no contract in any case.

dermot_sheehan

There is a rebuttable presumption that agreements between close family members are not intended to be legally enforceable (Balfour v. Balfour)

The Maverick

Jo King wrote: »

It is a typical exam question. Calls for a discussion on the intention to create legal relations in order to have a legally enforceable contract. Is the presumption that family/social contracts are not intended to be legally binding rebutted on the evidence? Usual conclusion is that not enough information has been given to say definitively. Unless the daughter who is doing the school run is suffering really serious detriment it is most unlikely to be enforceable. A further point is how specific are the fathers promises. Is it to do certain specific repairs or just give a general dig out? If it is too vague there would be no contract in any case.

The father's promise was that he would repair her porch door. It is vague on the details of the promise, there doesn't appear to be any specific intention to be bound. I think your're right and there is no contract but I'm probably expected to include all the possible options. Thanks!

hession.law

oral contracts are still enforceable just came be harder to work out the terms. there are four essential parts needed for any contract offer and acceptance, consideration which is what each party agrees to do as part of the deal and an intention to create a legally binding contract. the first three parts appear to be there however as mentioned before the general rule is that agreements between family members are never intended to create legal relations, Jones v Padavatton however there are exceptions such as the Balfour case. my opinion would be the fact it was never reduced to writing would suggest that there was no intention to create a legally binding agreement, so there is little redress that can be sought.