Intentions To Create Legal Relations Flashcards
If an agreement is made in a business seeking what is presumed
If the agreement is made in a business setting, the courts start by presuming that the agreement was intended to be legally binding.
How can the parties rebut the presumption business setting
However, the parties can rebut the presumption by making it clear that the agreement is not intended to be a contract: ROSE AND FRANK CO
What words imply a agreement was not meant to be a contract
Using the words ‘binding in honour only’ means that the agreement is not intended to be a contract
What can be promised to intend a contract
Where gifts or prizes are promised it is presumed that the parties intended to form a contract. This is because the purpose is generally to promote the commercial interests of the party offering the gift or prizes.
Where the agreement is a domestic one what are the presumption
Where the agreement is a domestic one, the courts start by presuming that it was not intended to be legally binding.
How is the agreement rebuttable
The presumption is rebuttable, so if it can be proved that the agreement was intended to be legally binding then it will be a contract.
Certainty of terms and seriousness of the subject matter are important :MERRITT v MERRITT
What is the presumption of a social agreement
The presumption that social agreements are not intended to create legal relations.
How can a social agreements be rebuttable
If it can be proved that the agreement was intended to be legally binding it will be a contract. Evidence that money had changed hands would be one way to rebut the presumption: SIMPKINS V PAYS
