Intention to create legal relations Flashcards
When is the only time where a contract will be enforced by the courts regarding intention
If there was an intention to create a legal relation
How is ITLR assessed
Objectively through the reasonable man test
What is the typical intention with social and domestic agreements
No intention to be legally bound
What case would you use for social and domestic agreements have typically no intention to be legally bound
Balfour v Balfour
When can social and domestic agreements be legally binding
In times of separation or in situations where courts can enforce it
What case would you use for social and domestic agreements can be rebutted
Meritt v Merritt
Why is it best to have things in writing
Its difficult to prove intention for legal obligations when in social settings
What case would you use for its better to have things written down
Wilson v Burnett
What happens when financial security is at risk
Likely to be legally binding
What case would you use for likely to be legally binding if financial security is put at risk
Parker v Clarke
What is the typical intention for commercial and business agreements
That intention is to be legally bound
What case would you use for commercial and business agreements be seen as intentional
Esso Petroleum Co Ltd v Commissioners of customs and exercise
When items are given as gifts can ITTR still be present
Yes
What case states that ITLR is present even when giving it out as a gift (com/bus)
McGowan v Radio Buxton
What is mere puff within a contract
You are able to overexaggerate in an advert and it is not seen as unreasonable
