01. Intention to create legal relations. Flashcards
In social, domestic and family situation it is presumed that there …
is NO intention to create legal relations.
In … situations it is presumed that there is NO intention to create legal relations.
social, domestic and family
In commercial situations, it is assumed that there IS …
an intention to create legal relations.
In … situations, it is assumed that there IS an intention to create legal relations.
commercial
A husband and wife, living together, (can / can not) normally enter into legally binding contracts with each other.
can not
The words ‘…’ imply that no immediately binding contract is intended.
subject to contract
An agreement between huband and wife made while living together, for example maintenance or the use of a car …
is presumed NOT to have been entered into with the intention to create legal relations and is there not a valid contract.
An agreement made between an estranged couple, including one over the resolution of a joint mortgage …
is likely to be binding; the presumption that it is not being rebutted.
A course of conduct between house sharers, including splitting winnings from newspaper competitions …
is likely to lead to the inference that a legally binding contract exists.
An agreement between parent and child, including one whereby the child changes career in return for the parent paying their living costs while retraining …
is NOT likely to be legally binding.
It (is / is not) possible for an agreement between commercial parties to be made with the specific intention that it is NOT to be deemed as legally binding.
is
see Rose and Frank v Crompton
Pools coupons were deemed to be binding …
in honour only.
