intention to create legal relations

Question 1

how do the court decide whether there was intention to create legal intention?

Answer 1

they look at the evidence/circumstance and think ‘what would a reasonable third party think the intention was?’

Question 2

what are the 2 types of relations?

Answer 2

social/domestic or commercial

Question 3

what is the presumption in social/domestic situations?

Answer 3

that there was no intention

Question 4

what is the presumption in commercial situations?

Answer 4

that there was intention

Question 5

what are the 3 things court look into in social agreements to spot any rebutting evidence?

Answer 5

• how it was made
• relationship
• financial involvement

Question 6

what is the case for how it was made in social?

Answer 6

• balfour v balfour
  -merritt v merritt

Question 7

what is the case for relationship in social?

Answer 7

jones v padvatton

Question 8

what are the 2 cases for financial involvement in social?

Answer 8

• simpkin v pays
• parker v clarke - related but suffifient funds suggests intention

Question 9

what are the 2 things court look at in commercial to spot rebutting evidence?

Answer 9

• commercial benefit
• rebutting evidence

Question 10

what is the case for commercial benefit in commercial?

Answer 10

esso v cce

Question 11

what are the 2 business to business rebutting cases in commercial?

Answer 11

• rose and frank co. v crompton bros
• kleinwort bendon v mmc

Question 12

what is the case for business to consumer rebutting evidence in commercial?

Answer 12

jones v vernons pools

Question 13

what is the case for when the court is unsure whether it is binding?

Answer 13

edwards v skyways

Question 14

what is the case for when the court can’t decide whether it is commercial or domestic?

Answer 14

sadler v reynolds