The Case Facts for Jones v Padavatton (1969)
A mother decided to make an arrangement with her daughter. The mother asked
her daughter to leaver her job in the U.S. and go to London to study for the
bar. In return, the mother will pay her daughter $200 every month if she
agreed to do it.
The daughter agreed to do it and the mother paid her the allowance she
promised every month. As the daughter continued to study, they also added
another layer to their agreement that the mother will pay for the daughter's
house while studying.
The mother agreed, however, the two had a dispute regarding the occupancy of
the house. Specifically, the mother wanted full ownership of the house.
Issue of the Case
The issue of the case involves whether or not there have been a legal contract
created between the mother and the daughter and that the daughter should have
full ownership of the home.
The daughter argued that the agreement they have with her mother is a legally
binding contract. Therefore the daughter should occupy the house. The daughter
claimed that her mother's intention for the contract was legally binding
because of the presence of a consideration.
The daughter cited that the consideration in their contract was for her to
study for the bar. However, the mother argued that theirs was a family
agreement and there was no formal arrangement.
Therefore, the lack of a formal agreement, as the mother argues, allows the
mother to recover the house and hold it on her possession.
Decision of the Case
The court ruled in favor of the mother considering that
family agreement are not legally binding and cannot be enforced. The lack of formality
between the agreement of the mother and daughter indicates that the two did
not intend the terms of their relations to be legally binding.
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