Intention to create legal relations

Question 1

What are the 2 areas/types of arrangements within ITCLR

Answer 1

Social/domestic arrangements
Business/commercial arrangements

Question 2

What is the presumption of social/domestic arrangements

Answer 2

That there is no intention to create legal relations, agreement isn’t legally enforceable

Question 3

Case that highlights the presumption domestic arrangements don’t usually have ITCRL

Answer 3

Balfour v Balfour

Question 4

Case of Merritt v Merritt

Answer 4

Persumption for social/domestic arrangements can be rebutted where there is ITCLR e.g. exchange of money or formal written agreements

Question 5

What is the presumption of business/commercial arrangements

Answer 5

There is intention to create legal relations

Question 6

2 cases where the presumption of business arrangements can be rebutted (no ITCLR)

Answer 6

Jones v vernon pools
Kleinwort v MCC

Question 7

Case that highlights the persumption of business arrangements having an ITCLR

Answer 7

McGowan v radio Buxton

Question 8

When must both parties have intention to create legal relations

Answer 8

At point of agreement