Intention to create legal relations Flashcards
what is an ITCLR
where the parties to a contract intent for the agreement to be legally binding
is an ITCLR implied in commercial agreements
yes
is an ITCLR presumed in social + domestic agreements
no
can the law enforce a contract if there is no ITCLR
no
what case states that, as a general principle, an ITCLR is presumed in commercial agreements
McGowan v Radio Buxton
if 1 party shows there was no ITCLR, can the court decide there is not a binding contract + in what case is this shown
yes - Jones v Vernon’s Pools
under which act does it state that a contract to sell a house must be evidenced in writing to be legally valid (‘sold, subject to contract’)
the Law of Property Act 1925
what case states that where the agreement is between family members, the courts start by presuming that it was not intended to be legally binding
Balfour v Balfour
what are the 3 exceptions to social and domestic agreements being not presumed an ITCLR (case in 1st + 3rd exception)
1) agreements made linked to a marriage break up - Merritt v Merritt
2) agreements made between parents and children
3) agreements based on social arrangements - Simpkins v Pays
what is an example of the 2nd exception of social + domestic agreements (agreements made between parents and children)
supporting child at uni - needs to be formal e.g. written + witnessed document
are agreements based on social agreements usually set out in writing + signed
yes
