Contract Law: ITCLR eval Flashcards
1
Q
Presumption
A
- Creates certainty
- Distinction between types of agreements
Balfour v Balfour
2
Q
Presumption: social positives
A
- Open floodgates of litigation
- Regulation of family relationships (no place in court)
- Justified
3
Q
Presumption: social negatives
A
- Can cause unfairness
- Ignores parties intentions (Jones v Padavatton)
- Injustices, especially to women (Balfour v Balfour).
- Overlaps with rules of consideration.
4
Q
Presumption: commercial positives
A
- Courts apply presumption to protect consumer exploitation
- Ensures people can rely on agreements they make
5
Q
Presumption: commercial negatives
A
- Uncertainty, which presumption applies
Sadler v Reynolds
6
Q
Presumption: reform
A
Change in differentiation between social and commercial agreements
7
Q
Presumption rebutted: positives
A
Injustice can be avoided based on evidence
Sadler v Reynolds
8
Q
Presumption rebutted: negatives
A
- Might not always be obvious on parties intention (Jones v Padavatton)
*Social agreements have many ways to rebut, meaningless
9
Q
Did the parties want to contract at all?
A
- Judges can give effect to one party and not the other (Jones v Padavatton)
- Decisions depends on evidence in a case
10
Q
What type of contract?
A
“halfway house” cases existing
* Can cause judges problems
* Uncertainty and unpredictability in the law
Sadler v Reynolds
11
Q
Conclusion: reform
A
- Abolish requirement for ITCLR
- Straight forward objective test
