Intention To Create Legal Relations

Question 1

What is the presumption for commercial agreements and is it rebuttable?

Answer 1

There is a rebuttable presumption that commercial agreements involve an intention to create legal relations

Question 2

What is the presumption for domestic agreements and is it rebuttable?

Answer 2

There is a rebuttable presumption of no intention to create legal relations in domestic agreements

Question 3

Where does the presumption of a commercial agreement apply?

Answer 3

To any commercial agreement like buying something online or b2b or even between individuals not in business like buying a second-hand bicycle out of the newspaper

Question 4

How strong is the rebuttable presumption of intention to create legal relations and what does it even extend to?

Answer 4

It is very strong and even extends to trivial things like a free World Cup coin

Question 5

What is really the only way that a commercial agreement would rebut the assumption of an intention to create legal relations?

Answer 5

If it expressly says something that rebuts it like ‘this is binding in honour only’