Intention To Be Legally Bound

Question 1

Intention to create legal relations basic definition

Answer 1

Intention to be legally bound, this is specifically considered in domestic, social and commercial settings where we consider presumptions set by the principle

Question 2

What is the presumption in a domestic or social setting

Answer 2

Presumed that the parties do not intend to be legally bound

Question 3

What is the presumption in a commercial setting

Answer 3

Parties intend to be legally bound

Question 4

Discuss the leading case in domestic or social situations

Answer 4

Case of Balfour v Balfour, showed an agreement between husband and wife for the wife to have an allowance was not legally enforceable as Lord Aitken stated the parties did not know this would have legal consequences

Question 5

However, what is the presumption in situations where partners are estranged or separated

Answer 5

The presumption no longer applies Meritt v Meritt

Question 6

Discuss the rebutting of the presumption in domestic cases with a case example

Answer 6

The presumption can be rebutted by evidence to the contrary eg. Snelling v John G Snelling agreement was put into writing= held there was intent to create legal relations

Question 7

Discuss rebutting the presumption in commercial cases with a case example

Answer 7

Rebutting the presumption that all commercial agreements intend to be legally binding is viewed as “a heavy one” =
case of Edward’s v Skyways despite a statement used in attempt to ensure the promise was not legally binding, the court held it was and the presumption was not rebutted

Question 8

Pros of the presumption in domestic and social settings

Answer 8

• Without it LJ Atkins in Balfour discussed the floodgates it would open ultimately overwhelming courts with trivial disputes
  -Maintains a law free space for personal relationships

Question 9

Cons of presumption in social or domestic cases

Answer 9

• Feminists criticise this as maintaining the patriarchy a home is a private domain, mans castle disadvantages women as it allows for an abuse of power
• Outdated- there is now more state intervention in personal relationships to prevent domestic abuse
• Should a monetary promise even in a domestic case always be considered as legally enforceable