Evaluation of legal relations

Question 1

Is it necessary?

Answer 1

Some people feel that once there is offer, acceptance and consideration there should be a contract and that this extra part is superfluous.

Question 2

The presumptions?

Answer 2

The presumptions usually saves the courts time as it prevents trivial domestic and social agreements from going to court. However, it can create problems when there is a ‘halfway house’ case between the two (Sadler V Reynolds)

Question 3

Commercial and business agreements?

Answer 3

Intention is based on the wording of the contracts and when a business uses clear wording which negates a contract the courts will accept this. This may be taken advantage of by economically dominant businesses to prevent any liability.

Question 4

Social and domestic agreements?

Answer 4

This is usually beneficial as it saves the courts from dealing with trivial cases however it becomes difficult for people who did have intention to sue if things go wrong (Jones V Padavatton).
Means that the courts only have to deal with serious breaches.