intention to create legal relations

Question 1

social and domestic agreements

Answer 1

• assumed by the court that there is no intention to be legally bound by the agreement
• if there is evidence that the parties did intend to be legally bound, the courts would find as such
• balfour v balfour

Question 2

commercial and business agreements

Answer 2

• assumed that the parties do intend to be legally bound, unless the facts suggest otherwise
• mcgowan v radio buxton