Intention for Legal Relations

Question 1

Are all presumptions rebuttable?

Answer 1

Yes

Question 2

What is the presumption in social and domestic contexts?

Answer 2

There is no legal intention

Question 3

What is the presumption in commercial contexts?

Answer 3

There is legal intention, unless there is wording such as ‘binding in honour’ or ‘subject to contract’, or where the agreement was made in the heat of the moment

Question 4

What happens if an agreement by commercial parties is made in the heat of the moment?

Answer 4

It is deemed that there may not be legal intention.