contract law(intention to create legal relations) Flashcards
what is Intention to create legal relations.
intention to create legal relations is an intention to enter into a legally binding agreement or contract
what are social and domestic arrangements
contracts made between family members and sometimes friends. the presumption is that is not legally binding
case study for social and domestic arrangements
Merritt v Merritt (1970):
Balfour v Balfour (1919):
why must courts examine the real purpose of domestic and social arrangements
Sometimes families make arrangements that appear to be business arrangements because of the nature of what they are doing.
jones v pasavatton
what are commercial agreements
Commercial contract law oversees the rights, duties, and liabilities of any parties entering into a business agreement
presumptions of commercial agreements
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):
what can create problems in commercial agreements
prizes offered in competitions
McGowan v Radio Buxton (2001):
what are letters of comfort
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):
what is burden of prr]oof in commercial agreements
The burden of proof in a business situation is on the person seeking to rebut the
presumption.
Edwards v Skyways (1969):