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Intentions to create legal Relations

 
 
Reply Sun 7 Jul, 2013 12:37 am
Dear English teachers,
I cannot understand one sentence in the following case. ‘The English Court of Appeal held that the statement in its context related to present fact and no promise as to future conduct could be implied’. Please explain it to me in simple English.
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A parent company wrote a "comfort letter" to merchant bankers when asking for finance facilities for a subsidiary saying "It is our policy to ensure that (the subsidiary) is at all times in a position to meet its liabilities to the (plaintiffs)". The English Court of Appeal held that the statement in its context related to present fact and no promise as to future conduct could be implied. It created a moral responsibility only.
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JTT
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Reply Tue 9 Jul, 2013 10:35 pm
@Loh Jane,
‘The English Court of Appeal held that the statement in its context related to present fact and no promise as to future conduct could be implied’.

‘The English Court of Appeal decided that the meaning of the statement, that the context/meaning, when it was written, related only to the situation that was occurring at that time. The promise given by them was for that time only and the promise does not extend into the future.

In other words, a promise made for right now, at the present and for the present, doesn't [necessarily] mean that that same promise extends to future times or circumstances.
Ticomaya
 
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Reply Tue 9 Jul, 2013 11:13 pm
@Loh Jane,
It appears the Court of Appeals is deciding the legal liability of the parent company, and in its decision it found that the quoted statement was not a promise that the plaintiffs could rely upon as to the parent company's future conduct. The Court of Appeals, in making that ruling, appears to be limiting the parent company's liability to the plaintiffs.
JTT
 
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Reply Wed 10 Jul, 2013 12:15 am
@Ticomaya,
Tico and me agree. Shocked
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Loh Jane
 
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Reply Wed 10 Jul, 2013 04:20 am
@JTT,
Thank you very much.
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