Intention To Create Legal Relations

Question 1

What is the rebuttable presumption in social and domestic arrangements?

Answer 1

That there is no intention to create legal relations, i.e. Balfour v Balfour [1919] or Merritt v Merritt [1970]

Question 2

Which case showed that a pre-nup is enforceable?

Answer 2

Granatino v Radmacher

Question 3

Under what conditions may a collective agreement be presumed to be legally enforceable?

Answer 3

A. If it’s in writing

B. It contains a provision which states that the parties intend for the agreement to be a legally enforceable contract

Question 4

Which contracts must be made by deed?

Answer 4

Contracts for the conveyance of land, under s.52 of the LPA 1925. The formalities for these contracts are specified under s.2 of the LPMPA 1989

Question 5

What are the advantages of a contract made by deed?

Answer 5

No consideration is required

Raises the limitation period from 6 to 12 years (period during which if there’s a breach of contract a party may sue)