chapter 3 - intention to create legal relations Flashcards
1
Q
What is the test for intention?
A
It is an objective test - determined by action rather than evidence of what was in their mind
2
Q
What is the presumption in commercial agreements?
A
That there is an intention for it to be legally binding
3
Q
How would a party in a commercial agreement assert that legal relations were not intended?
A
They would need clear wording in agreement indicating no legal relations
4
Q
What does subject to contract mean?
A
Parties do not intend to be bound until the formation of contract
5
Q
What is the presumption in social + domestic agreements?
A
That there is no intention to create legal agreements
6
Q
Can the presumption be rebutted in social + domestic agreements?
A
Yes, but it depends on the case + the language used by the parties
