intent to create

Question 1

commercial/business contracts have a presumption that

Answer 1

there is an intention to create legal relations and so are legally binding esso petroleum v customs and excise this presumption can be rebutted when they are clear words to show no legal intent Edward v skyways such as a act of goodwill or gentlemens agreement jones v vermon pools or it is too vague to be a specific promise letter of comfort kleinwort benson v malasyian mining

Question 2

the person trying to establish no legal intent has the

Answer 2

burden the rebuttal applies.

Question 3

free gifts and competition prizes are

Answer 3

legally binding mcgowan v radio buxton, esso petroleum v custom and excise.

Question 4

domestic/social contracts involving family and friends usually have the presumption that there is

Answer 4

no intent to create legal relations and so are not legally binding balfour v balfour, jones v padavatton. This presumption can be rebutted when there is a commercial basis to the contract involving money being exchanged and the basis is no longer love an affection merrit v merrit and the parties acted on the promise simpkins v pays, parker v clarke.

Question 5

apparent domestic arrangements may be held to be

Answer 5

business contracts if it goes beyond social kindness albet v motor insurance

Question 6

prenuptial marriage arrangements

Answer 6

are legally binding granatio v roadmacher

Question 7

where clear words are used to show no legal intent

Answer 7

a domestic contract with a commercial basis will not be legally binding

Question 8

the person trying to establish legal relations

Answer 8

has the burden of proving the rebuttal applies