formation of contract: social and domestic agreements Flashcards
Are social and domestic arrangement are presumed to be legally binding
The agreement are presumed to be non - legally binding, can be rebutted
what was held in Balfour v Balfour
agreement was made when they weren’t married a domestic arrangement was intention to create legal relations
what did the case of radmacher v granatino do?
made prenuptial agreements legally binding as long as both parties intended to be legally - bound when the agreement was made
when families make agreements appear to be business agreements what will court will assess?
when families make agreements that appear to be business arrangements, court has to assess whether matter is domestic one or 1 with legal intent
what was held in jones v padvatton
neither mother nor daughter intended to create legal relations
when is It likely to be a business agreement?
if money had been paid more likely a business agreement than a social one
with competitions and lottery syndicates, even when they’re agreed between family/friends, this is usually a business agreement