Domestic agreements-FS

Question 1

What is the general presumption for domestic agreements between family members in contract law?

Answer 1

That there is no intention to create legal relations, unless rebutted by evidence to the contrary.

Question 2

How can the presumption of no legal intention in domestic agreements be rebutted?

Answer 2

By showing objective evidence that the parties intended the agreement to have legal consequences, such as written terms or conduct demonstrating contractual seriousness.

Question 3

What Is Rebuttable Presumption (Domestic Agreements)

Answer 3

A legal assumption that parties to a domestic agreement do not intend it to be legally binding, which can be overturned with sufficient evidence to the contrary.

Question 4

What is the legal position when spouses are living together and make informal financial promises?

Answer 4

Courts generally uphold the presumption of no legal intention, treating such promises as non-binding domestic arrangements.

Question 5

When are agreements between separated spouses more likely to be considered legally binding?

Answer 5

When the separation indicates that parties are dealing at arm’s length and a written agreement or clear mutual commitment exists.

Question 6

What impact does a written agreement have in rebutting the presumption in domestic cases?

Answer 6

A written agreement is strong evidence that the parties intended legal consequences, thereby rebutting the presumption.

Question 7

In the context of intention to create legal relations, how are child–parent agreements (e.g. for chores and allowance) generally treated?

Answer 7

As domestic agreements lacking intention to create legal relations unless clear commercial or contractual conduct is shown.

Question 8

What is the likely legal classification of an agreement between parents and a child for household chores in exchange for money?

Answer 8

A domestic agreement presumed not to be legally binding unless exceptional evidence rebuts the presumption.