Intention Flashcards
Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95
The usefulness of presumptions was questioned because relying too heavily on them can prevent a court from properly analyzing the circumstances/relationship between the parties needed for objective assessment. The specific circumstances are most important.
Rose & Frank Co v JR Crompton & Bros Ltd [1923] 2 KB 261
If the contract itself specifies that it is not intended to be legally binding, but more an honourable agreement, then it is not a legally binding contract.
Administration of Papua and New Guinea v Leahy (1961) 105 CLR 6
Government Administration run schemes are generally viewed as policy matters and do not usually impose contractual obligations on the govt. Party.
Balfour v Balfour (1919) 2 KB 571
When individuals enter into domestic agreements, the reasonable assumption is that they do not intend such agreements to be enforceable.
Nothing else was also done to further the bargain, other than the money being paid. Mrs Balfour didn’t do anything particularly significant to get the payments.
Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (2012) ALR 237
Whether parties intend to create legal relations depends on the language conduct and circumstances and whether the parties are close family members instead of strangers may produce different outcomes regarding the finding of intent.
It had not been established that Mr Evans and his parents intended to make a legally enforceable contract.
Masters v Cameron (1954) 91 CLR 353
Established 3 categories.
Whether or not the signed document constituted a binding agreement for the sale and purchase of the property.
The effect of a preliminary agreement depends on the intention displayed by the language of the parties.
Stirnemann v Kaza Investments Pty Ltd [2011] SASCFC 77
Whether there was a binding agreement between the parties or whether, instead, the reference to ‘further necessary paperwork’ indicated that further steps needed to be taken before this could be said to be the case.
The facsimile contract included each of the fundamental elements of a valid contract for the sale of property – names of vendor and purchaser, adequate description of the land and the consideration.
Nothing in words to suggest that the parties intended to renegotiate any of these terms.
Words for ‘arranging a lawyer’ meant no more than Kaza would arrange for a lawyer to provide such documents, if any, as were necessary to effect transfer and formalities associated with settlement.
Stirnemann’s appeal is dismissed.
Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622
Fourth category, in addition to Masters v Cameron 3 category approach.
Fourth category - parties are content to be bound immediately and exclusively by the terms they had agreed upon whilst expecting to make a further contract in substitution for the first contract, containing, by consent, additional terms.
If this was the intention of the parties a bargain has been made.
Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309
The question to ask is whether actual or subjective intention to contract plays a part in determining whether there is a binding contract, and (if it does) what part it plays.
Relevant to know the intention of the one party where it is the intention of or known to the other .
