Intention to Create Legal Relations Flashcards
1
Q
What is a rebuttable presumption?
A
the court assumes a certain state of affairs (presumption) unless you can provide evidence to the contrary (rebuttable)
2
Q
what happens in the case of social and domestic arrangements?
A
the law presumes that parties do not intend to be legally bound
3
Q
2 cases which show the rebuttable presumption in social and domestic arrangements
A
Balfour v Balfour
Merritt v Merritt
4
Q
what happens in the case of commercial agreements?
A
the law presumes that the parties do intend to be legally bound
5
Q
case which shows the rebuttable presumptions of commercial agreements
A
Jones v Vernons Pools