intention to create legal relations Flashcards
if there is an absense of specific wording suggesting the iclr what will the court do
look at the context of the agreement as see wether theres an ICLR
what are the two types of agreement
domestic
commercial
what are the presumptions for ICLR
rebuttable
what is the presumed agreement for busisness agreements
presumption the parties do want to legaly bount
what is the presumed agreement for domestic agreements
parties dont intend to legaly bound
who holds the burden of proof when rebutting presumption
the party attempting to rebutt
what is the standard of proof for rebutting the presumption
on the ballance of probablities
give a case for the burden of proof
Sadler v reynolds
why is it presumed that business agreements want to be binding
due to the formal nature
how can a bussiness agreement presumption be rebutted
through words/’gentelman’s agreement’
what is a gentelmans agreement
informal, non-binding agreement between parties
not legally enforceable
based on honor and good faith of parties
give a case for gentelmans agreement
jones v vernons pools
give an example of words that could be used in a gentelmans agreement
‘binding in honour only’-jones v vernons pools
if there is no ICLR is there a contract
no
when is a free gift seen as ICLR
when it is designed to premote business
give a case for a free gift being ICLR
esso petrolium co ltd v comissioners + exercise
what is a prize used to premote business seen as
ICLR
give a case for a prize used to premote business being ICLR
McGowan v Radio Button
what are domestic agreements
agreements between couples/friends/family members
not ever ment to be legaly binding
where can the presumption over domestic agreements be rebutted
where the agreements are more formal/involved money changing hands
give a case for a domestic agreement not having ICLR
Balfour v Balfour
jones v Padvatton
no agreements in writing/no change of money
why was there ICLR in merrit v merrit
the agreement was inwriting and binding
why was Simpkins v pays ICLR
the involvment of a lodger rebuted presumption/ changing of money
give another domestic case where there was ICLR
Parker v clarke
