Full case name Welch v Jess | ||
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Court District Court of New Zealand Citation(s) [1976] NZ recent law 185 | ||
Welch v Jess [1976] NZ recent Law 185 is a cited case in New Zealand confirming that although social agreements are generally not legally enforceable, they can be legally enforceable under certain circumstances. It reinforces into NZ case law the English case's of Simpkins v Pays [1955] 1 WLR 975 and Coward v Motor Insurer's Bureau [1962] 1 All ER 531.
Contents
Background
Jess and his friend Welch entered a fishing contest on Ninety Mile Beach. They agreed to pool money for a kitty, agreeing to share any prize money later won. Jess subsequently won $6,000 but later refused to share the prize money, claiming that it was merely a social agreement not intended to be enforced the parties.
Held
The court ruled that there was a legally binding contract, and Jess was ordered to share the prize money.