Intention

Question 1

There must be an intention to…

Answer 1

…create legal relations between the two parties.

Question 2

In business agreements the presumption is…

Answer 2

…that there is an intention to create legal relations.

Question 3

Business - Jones v Vernon Pools

Answer 3

The intention is rebutted if the contract makes it clear that its in honour only.

Question 4

Business - Edwards v Skyways

Answer 4

Agreements made in a business context raise a strong presumption that the contract it binding.

Question 5

Business - Esso v Customs

Answer 5

Intention is not rebutted if a party is making an offer to promote a business.

Question 6

Business - Radio Buxton

Answer 6

Advertisements can constitute an intention to create legal relations.

Question 7

Business - Malaysia Mining Corp

Answer 7

A comfort letter does not count as an intention to create legal relations.

Question 8

Social/Domestic - Buckpitt

Answer 8

Casual agreements between friends such as occasionally giving lifts and fuel money, does not rebut the presumption.

Question 9

Social/Domstic - Balfour

Answer 9

The relationship purely social and domestic even though they were getting divorced

Question 10

Social/Domestic - Simpkins

Answer 10

If parties put their financial security at risk then there is an intention.

Question 11

Social/Domestic - Merritt

Answer 11

Sometimes families appear to make agreements that appear to be business due to their nature when in fact they are not.