Jones v Padavatton [1969] 1 WLR 328

Material Facts:

A mother, Misses Jones, had an agreement to provide her daughter, Padavatton, with a house and stipends if Padavatton agreed to pursue law. After a disagreement, Misses Jones sought possession of the house she had earlier provided for Padavatton as a condition for studying law.

Procedural History:

At the trial court, it was held that the daughter was entitled to remain in possession of the house, the mother appealed this ruling.

Issue:

1. Whether or not the agreement between Mrs Jones and Padavatton was made with the intention of creating legal relations.

Holding:

1. That the agreement between Mrs Jones and Padavatton was not made with the intention of creating legal relations.

Radio Decidendi:

The court ruled that at the time of the agreement, Padavatton was prepared to trust that her mother will honour her side of the agreement and Mrs Jones was equally prepared to trust that Padavatton will pursue a law course. As the agreement revolved around Mrs Jones and Padavatton trusting each other, it was held that the parties did not intend to create legal relations at the time of the agreement.