intention to create legal Flashcards
What are the two areas that agreements can be divided?
social, family domestic agreements where no intention to create relations
commercial agreements where there is a presumption of intention
What gives the presumption that a husband and wife have an intention to create legal relations?
where they are no longer living together
the presumption that a husband and wife have an intention to create legal relations is given wherethey are no longer living together
case
Balfour v Balfour
the presumption that a husband and wife have an intention to create legal relations is given wherethey are no longer living together Balfour v Balfour and Merrit v Merrit discuss first
The husband agreed to send over a sum of money to pay towards the mortgage while he and his wife were happily married. He then stopped payments when the relationship soured
HELD:
There was not an enforceable agreement since there was a general presumption that there is no intention to create legal relations between family members
The husband agreed to send over a sum of money to pay towards the mortgage while he and his wife were happily married. He then stopped payments when the relationship soured
HELD:
There was not an enforceable agreement since there was a general presumption that there is no intention to create legal relations between family members
the presumption that a husband and wife have an intention to create legal relations is given wherethey are no longer living together
Balfour v Balfour
discuss
the presumption that a husband and wife have an intention to create legal relations is given wherethey are no longer living together Balfour v Balfour and Merrit v Merrit discuss second
Husband left his wife and then agreed to pay towards the mortgage payments remaining and the house would be hers if she paid all the charges in connection with the mortgage until it was paid off
HELD:
The agreement was binding as the husband and wife were separated
Husband left his wife and then agreed to pay towards the mortgage payments remaining and the house would be hers if she paid all the charges in connection with the mortgage until it was paid off
HELD:
The agreement was binding as the husband and wife were separated
the presumption that a husband and wife have an intention to create legal relations is given wherethey are no longer living together Balfour v Balfour and Merrit v Merrit discuss second
What case supports that generally there is no presumption of legal relations between parent and child?
Jones
Mother paid her daughter to study for the bar which she ended up not completing. The agreement was held to be purely domestic, being no evidence to rebut this presumption
Jonessupports that generally there is no presumption of legal relations between parent and child
Jonessupports that generally there is no presumption of legal relations between parent and child
Mother paid her daughter to study for the bar which she ended up not completing. The agreement was held to be purely domestic, being no evidence to rebut this presumption
What case supports that where there are circumstances there is no intention to create legal relations in a commercial relations the court will rebut the presumption?
Edwards v Skyways
Edwarsd v Skyways supports that where there are circumstances there is no intention to create legal relations in a commercial relations the court will rebut the presumption
a pilot who was encouraged to remove his company contributions for the equivalent payment sought to recover this when the company ran into difficulty and went back on their promise. The agreement had been made in a business context which raised a strong presumption that the agreement is legally binding
a pilot who was encouraged to remove his company contributions for the equivalent payment sought to recover this when the company ran into difficulty and went back on their promise. The agreement had been made in a business context which raised a strong presumption that the agreement is legally binding
Edwarsd v Skyways supports that where there are circumstances there is no intention to create legal relations in a commercial relations the court will rebut the presumption
