Intention to create legal relations Flashcards
1
Q
What is the test for intention to create legal relations?
A
Objective
2
Q
What is the presumption for commercial agreements
A
There is an intention
3
Q
Who rebuts the presumption for commercial agreements
A
Party wishing to assert no intention
4
Q
What wording is needed in a commercial agreement to rebut the presumption?
A
Clear wording
5
Q
What is the effect of the wording ‘subject to contract’?
A
Strong inference that no intention to create legal relations until contract executed
6
Q
What is the presumption for social and domestic agreements?
A
There is no intention
7
Q
What do the courts look at to rebut the domestic presumption?
A
Circumstances and language
8
Q
Why was there ICLR in Merritt v Merritt?
A
Agreement between spouses who were separating/already separated
