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Merritt v Merritt (1970)
Created by 121.1.18.237 on 3 November 2009, at 10:33
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Merritt v Merritt
Court Court of Appeal
Date decided 27 April 1970
Citation(s) [1970] EWCA Civ 6, [1970] 1 WLR 1211
Keywords
Creating legal relations, enforceability


This case (Merritt v Merritt [1970] 1WCR 1211) demonstrates that although domestic arrangements are assumed not to create legally-binding obligations (see: Balfour v balfour (1919), Jones vpadav atton (1969)), in some cases this assumption may be overruled by the facts.

Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr M would pay Mrs M a monthly sum, and eventually transfer the house to her, if Mrs M kept up the monthly mortgage payments. When the mortgage was payed Mr M refused to transfer the house. In this case, the nature of the dealings, and the fact that the M's were separated when the signed the contract, allowed the court to assume that this was more than a domestic arrangement.
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