Intention To Create Legal Relations

Question 1

How are legal relations determined?

Answer 1

By rebuttable presumptions

Question 2

What are the rebuttable presumptions?

Answer 2

There’s no intention in social and domestic relationships

There is an intention in commercial agreements

Question 3

Balfour v Balfour?

Answer 3

Husbands and wives

Question 4

Facts of Balfour v Balfour

Answer 4

While working overseas a husband agreed to pay his wife each month
He stopped doing so and said it would be best if he stayed abroad alone
Wife sued for payments

Question 5

Outcome of Balfour v Balfour

Answer 5

The court established it would not interfere in such contexts (expand)

Question 6

Husbands and wives

Answer 6

Balfour v Balfour

Question 7

Separated couples

Answer 7

Meritt v Meritt

Question 8

Facts of Meritt v Meritt

Answer 8

A divorcing husband and wife
H agreed to help mortgage payments on a house
Once paid she sought to find house was hers
The courts would get involved because they were separated and they realise it can court action can be necessary t help with finances