formation of contract: social and domestic agreements Flashcards

1
Q

Are social and domestic arrangement are presumed to be legally binding

A

The agreement are presumed to be non - legally binding, can be rebutted

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2
Q

what was held in Balfour v Balfour

A

agreement was made when they weren’t married a domestic arrangement was intention to create legal relations

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3
Q

what did the case of radmacher v granatino do?

A

made prenuptial agreements legally binding as long as both parties intended to be legally - bound when the agreement was made

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4
Q

when families make agreements appear to be business agreements what will court will assess?

A

when families make agreements that appear to be business arrangements, court has to assess whether matter is domestic one or 1 with legal intent

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5
Q

what was held in jones v padvatton

A

neither mother nor daughter intended to create legal relations

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6
Q

when is It likely to be a business agreement?

A

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

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