Intention to create legal relations Flashcards
What is the presumption for business contracts?
that there is an intention to create legal relations and so are legally binding ~ Esso Petroleum v Customs
both parties need to give consideration for this to be the case
How can the presumption be rebutted as set out in Jones v Vernons Pools and Kleinwort Benson v Malaysian Mining?
where clear words are used to show legal intent ~ Edwards v Skyways
such as act of goodwill or binding in honour/gentlemen’s agree ~ Jones v Vernons Pool
or words used are too vague to be a specific promise ~ Kleinwort Benson v Malaysian Mining
What is the rule on free gifts and competition prizes?
they are legally binding ~ McGowan v Radio Buxton, Esso Petroleum v Customs and excise
What does the case of Sadler v Reynolds state?
the party trying to establish legal intent has the burden of proving that the rebuttal applies
if the contract is not clearly domestic or commercial it will be for the person seeking to enforce it to show legal intent
What is the presumption for domestic and social relations?
have the presumption that there is NO intention to create legal relations and so are not legally binding ~ Balfour v Balfour, Jones v Padavatton
How can this presumption be rebutted as set out the in cases of Merrit v Merrit and Peck v Lateau/ Wilson v Burnett?
What does Snelling v Snelling state about apparent domestic arrangements?
What does the case of Granatino v Radmacher set out about pre-nuptials?
Who had the burden of proving?
