Intention to Create Legal Relations

Question 1

Domestic/social agreements

Answer 1

The rebuttable presumption is that there was no intention to create legal relations. The presumption may be rebutted by evidence e.g.

A written agreement.
(Errington v Errington)

Where the parties have seperated.
(Merrit v Merrit)

Question 2

Commercial agreements

Answer 2

Rebuttable presumption is that the parties do intend to create legal relations.
(Edwards v Skyways)