Social Domestic Agreement Flashcards
Spouses
Balfour V Balfour
No intention to create legal relation as they were married when the agreenent was made
Spouse
Merritt V Merritt
There was intention to create legal relations as couple had separated when the agreement was made.
Radmacher V Granatino
Prenuptial agreements are legally binding as long as both parties intended to be legally bound when agreement was made
Family Agreement
Family make agreement that appear to be business agreements. Courts has to assess whether the matter is domestic or one with legal intent
Jones V Padvatton
Neither mother nor daughter intended to create legal relations
Lottery Syndicate
If money has been paid it is more likely to be a business agreement than a social one
Simpkins V Pays
She was bound to spilt the money ad this wasn’t a social arrangement
Wilson and Burnett
There should be some record of the agreement otherwise this may be deemed to be social chatter.
Financial security at risk
If parties put their own financial security at risk then they must intended the agreement to be legally binding.
Parker V Clarke
This was legally binding. The young couple had given up their financial security and they were entitled to damage