Intention to Create Legal Relations Flashcards
What are the steps for intention to create legal relations?
Define
Business agreements & exceptions
Social/domestic agreements & exceptions
What is intention to create legal relations?
When the parties intended/wanted it to be legally binding
What is presumed about business agreements?
They are intended to be legally binding and therefore a contract
When can intention to create legal relations for business contracts be rebuttable?
When the agreement states it is binding in honour only
Which case shows a business agreement to have intention to create legal relations?
Edwards v Skyways
Which case shows a business agreement to be binding in honour only?
Jones v Vernon Pools
Who is the burden of proof on for business agreements?
The party trying to prove no intention
Which case shows free gifts can confuse business agreements?
Esso v Customs & Excise - intention existed as Esso was attempting to gain more business from the offer
Which case shows competitions run by businesses are intended to create legal relations?
McGowan v Radio Buxton
Which case shows some cases are debateable whether they are business or domestic?
Sadler v Reynolds (they were friends engaging in business, ruled that there was intention)
What is presumed about domestic agreements?
That they aren’t meant to be legally binding/a contract
Which case shows a domestic agreement which was not legally binding?
Balfour v Balfour (left wife after agreement)
Which case shows a domestic agreement which was legally binding?
Merritt v Merritt (left wife before agreement)
Who is the burden of proof on for domestic agreements?
The party trying to prove intention
What makes the court more likely to find intention in domestic agreements?
Where money has changed hands or if a party puts their financial security at risk
