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In the case Cunliffe v.
Goodman (1950) the judges said :-
"It is clear that the
intention which must prove against the landlord is a definite
intention. This intention may be revocable, but it must not be
provisional…
Not merely is the term
'intention' unsatisfied if the person professing it has too many hurdles
to overcome, or too little control of the events: it is equally
inappropriate if at the material date that person is in effect not
deciding to proceed but feeling his way and reserving his decision until
he shall be in possession of financial data sufficient to enable him to
determine whether the project will be commercially worthwhile.
A purpose so
qualified and suspended does not in my view amount to an 'intention' or
'decision' within the principle. It is mere contemplation until
the materials necessary to a decision on the commercial merits are
available and have resulted in such a decision. In the present
case it seems to me that .... she never reached, in respect of the first
scheme, a stage at which she could decide on its commercial merits; nor,
in respect of the second scheme, the stage of actually deciding that
scheme was commercially eligible - unless indeed she must be taken not
merely to have repudiated her architect's authority but to have decided
that it was commercially ineligible. In the case of neither scheme
did she form a settled intention to proceed. Neither project moved
out of the zone of contemplation - out of the sphere of the tentative,
the provisional and the exploratory - into the valley of decision."
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