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Jones v. Padavatton (1969)

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Length: 856 words (2.4 double-spaced pages)
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Jones v. Padavatton (1969) In the case of Jones v Padavatton (1969) 2 All ER the Court of Appeal
decided that there was no legally binding contract. Although the
decision was unanimous the three Court of Appeal judges did not all
give the same reasons.

In your own words summarise the views of Fenton Atkinson and Salmon L
and state, with reasons, which you prefer. You do not need to deal
with the judgement of Danckwerts .

Citation: Jones v Padavatton (1969) 2 ALL ER 616 - Electronic Version.

The judges were deciding an appeal by the mother, Violet Lalgee Jones.
By way of case stated from Clerkenwell County Court, on grounds: 1.
the judge misdirected himself in holding that there had been
intentions of legal relations between the two parties. 2. The judge
misdirected himself in holding that that agreement was not void for
uncertainty. 3. The judge's conclusions were not supported by
evidence. 4. The judge mistakenly failed to give suf...

... middle of paper ...

...ntentions and
therefore if there was a contract. Salmon said that there was a
contract but the question of the lapsing of time, made the contract
null and void. Fenton said that there was not a contract in the first
place due to the close relationship of the two parties and the
vagueness of the agreement. As stated previously, in my view, Fenton's
view is more convincing. There were no legal intentions or contract
made in the first place and therefore the daughter has no legal rights
over the mother's property.

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