ITCLR

Question 1

What are social and domestic agreements

Answer 1

Social agreements between friends
Domestic- between family members

Question 2

What is presumption for domestic and social agreements

Answer 2

Presumed that there is no intention to create legal relations enforceable by the law unless contract evidence be produced Balfour v Balfour/Jones v Padvatton

Question 3

How can presumtion be rebutted

Answer 3

Legal intent if parties are no longer acting on basis of love and affection Merrit v Merrit
Legal intent if the parties have acted in relaince of the promise Simpkin v Pays
Legal intent if there is a commercial basis to contract Albert v Motor Insurance Bureau

Must be certainty and clarity to rebut the presumption -Wilson v Burnett

Question 4

What is presumtion in commercial/business agreements

Answer 4

There is an intention to create legal relations and that agreement is legally enforecable
Esso v Commisioners of Customs and excise

Question 5

What are the rebuttles

Answer 5

Clear words are used to show no legal intent Jones v Vernum Pools
Words used are not clear enough to amount to a specific promise - Kleinwert Benson v Malaysia mining
Statement indicating no previous legal liability may be seen as merely explaining the offer which is now being made
Edwards v Skyways