Order Assignments Now Get Upto 50% Off “Let’s fight, Help and Win” UPTO 50% OFF due to COVID-19 break down Order Now
Search

Case Study: Merritt v Merritt (1970)

Question :

The law of contract in the United Kingdom provides the parties forming contractual relationships with the rules and provisions that are to be followed. In the case of Merritt v Merritt (1970), Mr and Mrs Merritt were married to each other since 1941 but eventually, the husband lost interest and grew attachment for some other woman. They owned a joint property on which the husband agreed to make the wife the sole owner of it and later he denied. In this case, the principle which was laid down in Balfour v Balfour was reversed stating that Domestic arrangements between the spouses sometimes do form agreements.

  • What do you mean by the law of contract?
  • What are the essentials of a valid contract?
  • What are the facts of the “Mr and Mrs Merritt” case?
  • What was the judgement given under “Mr. and Mrs. Merritt” case?
  • How the case of “Mr. and Mrs. Merritt” is different from “Balfour v Balfour”
Answer :

Background

The law of contract basically is the law which deals with the relationship between the parties that are the result of contract that they have entered into. The English contract act is followed in UK while considering contracts and its relationships. The law of contract provides four essentials under the act which are to be fulfilled to make the contract valid, legal and binding. The first essential towards forming a contract is offer. It is when one party makes an offer to the other party for either its acceptance or rejection. The second essential is acceptance, where the other party to whom the offer is made either accept or reject it. When the offer is made and the other party accepts it, it forms an agreement between the party. The third essential in an intention of both the parties to form legal relationship between the. The intention must be clear and the parties must not enter into such an agreement if it is influenced or forced. The last and the very important essential of forming a valid contract is the presence of consideration without which the contract is invalid. The consideration is some amount of money or anything of value. When any party enters into contract they must fulfil all the conditions or essentials given under the act to make the contract valid. The contracts which are valid, creates a binding effect upon the parties which is legally enforceable by law. If any party do not fulfil the terms and conditions made upon making the valid contract, such a person will be liable for breach of contract. The contract is breached when the parties do not fulfil their duties mentioned in the contract towards other parties. Parties that make breach of contract are liable to pay damages, compensation, etc. to the innocent party. If it is mentioned in the terms and conditions of the contract about the termination or expiry date of the contract then such a contract can not be termed as being breached by the parties. Termination of contract and breach of contract are two different things. Termination can be valid based upon the conditions mentioned in the contract but breach of contract is punishable and the person breaching the contract is held liable.

Contract law

(Illustration 1: Contract Law, 2016)

Facts

Mr. and Mrs. Merritt were married since 1941. After the war of 1949, both the couple bought a land in Chessington. The house initially was on the name of husband. The couple lived there with their three children. The wife was working out and was contributing in the expenses of the house. In the year 1966, the couple came into an agreement to put the said house on joint names. Both wife and husband were equally contributing in the expenses of the house. Unfortunately after some time, husband formed attachment with some women other than his wife. He left the house for that woman and started to live with her. The wife suggested them to make some arrangements as they were not living together. They both met and the husband made an statement that he would pay his wife a monthly payment of £ 40 in order to pay the mortgage due on the house. Mr. Merritt later signed a contract with his wife which stated that the wife will be paying off the mortgage money and after all the dues are clear, the husband would transfer the said property on her name. After sometime, when all the dues were paid off, husband reduced pay of £ 40 to £ 25 per month. When Mrs. Merritt asked him to transfer the property on her name, he refused to do it.

Mrs. Merritt filed a suit against Mr. Merritt in chancery division, claiming that she is the sole owner of the property.

Explore Law

(Illustration 2: Explore law, 2021)

Legal issues

  • Whether an agreement made between the parties forms a binding contract?

have a question or Need assistance
CALL US +1 2139295632

Judgement

It was held by the court that the agreement made between the parties had binding effect and therefore Mr. Merritt is suppose to transfer the property on Mrs. Merritt's name. It was further stated by the court that both the husband and wife were in the process where they were separating from each other. The agreement made by the parties was when they both were separated. This shows that they had legal intention for creating legal relations.

Related Service: Coursework Help

The judgement under this case was given after analysing it with the case of “Balfour v Balfour” as both the case talked about the intention to create legal relationship. In both the cases it was considered that, the couples were married in case of “Balfour v Balfour” and in the case of “Merritt v Merritt” the couples were already separated from each other. The agreement in the case of “Merritt v Merritt” was formed after the couple was separated and were not in good terms. This showed that the couple had the intention to create a legal relationship as they both signed the contract stating Mrs. Merritt to be the sole owner of the property after the payment of all the dues remaining on its mortgage.

Also Check: Apple's Innovation Strategy

Download Full Sample
Cite This Work To export references to this sample, select the desired referencing style below:
Copy to Clipboard
Copy to Clipboard
Global Assignment Help (2021) [Online]. Retrieved from: https://www.globalassignmenthelp.com/free-samples/case-study-merritt-v-merritt-1970
Copy to Clipboard
Global Assignment Help. ' ' (Global Assignment Help, 2021)https://www.globalassignmenthelp.com/free-samples/case-study-merritt-v-merritt-1970
Copy to Clipboard
Global Assignment Help. [Internet]. Global Assignment Help.(2021), Retrieved from: https://www.globalassignmenthelp.com/free-samples/case-study-merritt-v-merritt-1970
Copy to Clipboard

When it comes to providing case study help, our writers know what to do. We have provided Nike case study help to many students globally and conducted many Zara case study writing for them. Whether you need help with IKEA strategic case study & analysis or McDonald’s Pestle & Swot analysis, you can count on our professionals for the best solutions. They have a knack for writing case studies on various brands.

Boost Grades & Leave Stress

Share Your Requirements Now for Customized Solutions.

Lowest Price
USD6.84

Delivered on-time or your money back

100+ Qualified Writers

For Best Case Study Assignment Help

  • Nancy Holmes Assignment writer
    2422 - Completed Orders
    Nancy Holmes View Profile Master in Autonomous Robotics Engineering USA Hire Me
  • Fiona Jackson academic writer
    1443 - Completed Orders
    Fiona Jackson View Profile Master's in Civic Education Australia Hire Me
  • Albert Thompson
    1320 - Completed Orders
    Albert Thompson View Profile Master's in Production & Industrial Management USA Hire Me
  • Rene Carter
    798 - Completed Orders
    Rene Carter View Profile B.tech in Software Engineering UK Hire Me
View All Writers
FREE Tools

To Make Your Work Original

  • Plagiarism Checker

    Check your work against plagiarism & get a free Turnitin report!

    Check Plagiarism
  • Reference Generator

    Get citations & references in your document in the desired style!

    Generate References
? Help
Whatsapp