Elements of a contract 3) intention to create legal relations

Question 1

In social and domestic situations

Answer 1

there is a presumption for no legal relations (balfour v balfour)

Question 2

the presumption in social and domestic agreements may be rebutted where…

Answer 2

1)there is a written agreement
2)parties seperated(Meritt v merrit)
3) a 3rd party in the agreement (simpkins v pays)

Question 3

the presumption in commercial situations as opposed to social situations is…

Answer 3

here an agreement is made in a commercial context, the law raises a presumption that the parties do intend to create legal relations by the agreement: (esso petroleum v comissions excise)