Social Domestic Agreement

Question 1

Spouses
Balfour V Balfour

Answer 1

No intention to create legal relation as they were married when the agreenent was made

Question 2

Spouse
Merritt V Merritt

Answer 2

There was intention to create legal relations as couple had separated when the agreement was made.

Question 3

Radmacher V Granatino

Answer 3

Prenuptial agreements are legally binding as long as both parties intended to be legally bound when agreement was made

Question 4

Family Agreement

Answer 4

Family make agreement that appear to be business agreements. Courts has to assess whether the matter is domestic or one with legal intent

Question 5

Jones V Padvatton

Answer 5

Neither mother nor daughter intended to create legal relations

Question 6

Lottery Syndicate

Answer 6

If money has been paid it is more likely to be a business agreement than a social one

Question 7

Simpkins V Pays

Answer 7

She was bound to spilt the money ad this wasn’t a social arrangement

Question 8

Wilson and Burnett

Answer 8

There should be some record of the agreement otherwise this may be deemed to be social chatter.

Question 9

Financial security at risk

Answer 9

If parties put their own financial security at risk then they must intended the agreement to be legally binding.

Question 10

Parker V Clarke

Answer 10

This was legally binding. The young couple had given up their financial security and they were entitled to damage