Esso Petroleum Co Ltd v Comrs of Customs and Excise
| Esso Ltd v Customs and Excise | |
|---|---|
 | |
| Court | House of Lords |
| Full case name | Esso Petroleum Company Limited (Respondents) v. Commissioners of Customs and Excise (Appellants) |
| Decided | December 10, 1975 |
| Citation(s) | [1975] UKHL 4, [1976] 1 WLR 1 |
| Case history | |
| Prior action(s) | [1975] 1 WLR 406 |
| Case opinions | |
| Lord Dilhorne, Lord Simon Lord Fraser, Lord Russell | |
| Court membership | |
| Judge(s) sitting | Lord Wilberforce, Viscount Dilhorne, Lord Simon, Lord Fraser, Lord Russell |
| Keywords | |
| Intention to create legal relations | |
Esso Petroleum Co Ltd v Commissioners of Customs and Excise [1975] UKHL 4 is an English contract law case, concerning the rule of creation of legal relations in English law.
Facts
Esso offered a World Cup coin with likenesses of English 1970 squad players, given to every motorist buying over four gallons of petrol. The Revenue argued these coins should have purchase tax charged on them because they were ‘produced in quantity for general sale.’
Judgment
Court of Appeal
Lord Denning MR said it was amazing that this case had gotten so far. He said the coins were not ‘sold’.
House of Lords
The House of Lords (Lord Fraser dissenting) agreed with the Court of Appeal that the petrol, not the coins, were being sold. But, then, on the question of whether the coins were being given under a contractual obligation, or as a mere gift, Lord Simon of Glaisdale, Lord Wilberforce and Lord Fraser agreed there was intention to create legal relations, given the heavy onus of proof to show a bargain was not intended. Lord Russell and Viscount Dilhorne dissented on this point, saying that the language in the poster advertisements that the coins were ‘going free’ and the minimal value of the coins indicated no intention to create legal relations.