contract law(intention to create legal relations) Flashcards

1
Q

what is Intention to create legal relations.

A

intention to create legal relations is an intention to enter into a legally binding agreement or contract

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2
Q

what are social and domestic arrangements

A

contracts made between family members and sometimes friends. the presumption is that is not legally binding

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3
Q

case study for social and domestic arrangements

A

Merritt v Merritt (1970):
Balfour v Balfour (1919):

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4
Q

why must courts examine the real purpose of domestic and social arrangements

A

Sometimes families make arrangements that appear to be business arrangements because of the nature of what they are doing.

jones v pasavatton

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5
Q

what are commercial agreements

A

Commercial contract law oversees the rights, duties, and liabilities of any parties entering into a business agreement

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6
Q

presumptions of commercial agreements

A

presumed to be legally binding.
This is quite logical but does not take into account that the presumption can be rebutted by showing the opposite is the case.

Jones v Vernons Pools (1938):

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7
Q

what can create problems in commercial agreements

A

prizes offered in competitions
McGowan v Radio Buxton (2001):

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7
Q

what are letters of comfort

A

A letter of comfort is written assurance, usually provided by a parent company in respect of its subsidiary’s financial obligations to a bank.

Kleinwort Benson Ltd v Malaysian Mining Corporation (1989):

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8
Q

what is burden of prr]oof in commercial agreements

A

The burden of proof in a business situation is on the person seeking to rebut the
presumption.

Edwards v Skyways (1969):

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