Intention to Create a Legal Relationship Flashcards

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1
Q

Explain the concept of the “Intention to Create a Legal Relationship” in terms of the insurance.

A

Insurance contracts as commercial transactions are almost invariably intended by the parties to be legally binding.

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2
Q

What happens when the contract is negatived?

A

The agreement between two insurers to run off outstanding liabilities under two insurance pools was a “goodwill” agreement that was not intended by the parties to be legally bound.

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