Intention Flashcards
What must be proven after offer and acceptance for a legally binding agreement?
Intention must be proven for a legally binding agreement
What is the presumption regarding business agreements?
Business agreements are presumed to be legally binding unless proven otherwise.
Who has the burden of proof if someone wants to rebut the presumption of legal intention in business agreements?
The person who wants to show that there is no legal intention.
What did Edwards v Skyways establish about voluntary agreements in business?
Even voluntary agreements in business are presumed to be legally binding.
What evidence might rebut the presumption of a legally binding business agreement?
Vague terms or where someone is acting out of goodwill.
Are free gifts and competitions legally binding?
Yes, they are presumed to be legally binding as businesses benefit from them, though this can be rebutted.
What was decided in Esso v Commissioners of Excise and Custom regarding free gifts?
The free coins were considered part of the contract for tax purposes.
What is the presumption regarding letters of comfort?
They are presumed not to be legally binding, similar to references.
What case established that letters of comfort are not legally binding?
Kleinwort Benson v MMC
What happens in cases where the relationship is unclear between social and business?
The claimant must prove legal intention.
What was the decision in Sadler v Reynolds?
The journalist was able to prove a binding agreement as it financially benefited the other party.
What is the presumption regarding social and domestic relationships?
They are presumed not to be legally binding. (Balfour v Balfour)
What was decided in Balfour v Balfour?
The agreement made during the marriage was not legally binding as it was between a husband and wife.
When can the presumption against legal binding in social/domestic agreements be rebutted?
When there are financial implications.
What was decided in Parker v Clarke?
The couple was financially reliant on the agreement, making it legally binding.
