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
social
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
