Intention

Question 1

Definition of intention

Answer 1

Once an offer has been accepted intention must be proven for a legally binding agreement

Question 2

Rule with business agreements

Answer 2

Presumed to be legally binding however there may be situations where there may not be legal intention.

The burden of proof is on the person who wanst to show its been rebutted

Question 3

Case for business agreements

Answer 3

Edwards V skyways: even though it was a voluntary payment with no liability to offer it the agreement to actually pay it was seen as binding

Question 4

Rule with free gifts + competitions

Answer 4

Presumed to be legally binding as businesses will benefit from them though it could be rebutted

Question 5

Letters of comfort

Answer 5

Not legally binding

Question 6

Case for letters of comfort

Answer 6

Kleinwert: claim for repayment failed as theres no legal intention

Question 7

Social/business agreements

Answer 7

Its up to the claimant to prove there is intention

Question 8

Case for social/ business

Answer 8

Salder V Reynolds: burden upto C if they want it they must prove it was binding

Question 9

Social/ domestic rule

Answer 9

Not legally binding as they are between family + friends however if there is financial implications the presumption will be rebutted as seen in Balfour V Balfour: not legally enforceable as made as part of their relationship so purely domestic