Intention to Create Legal Relation (ICLR) Flashcards
(5 cards)
1
Q
What are Intentions to Create Legal Relations? (ICLR)
A
Where parties expressly/impliedly agree that the contract is legally binding and court enforceable
2
Q
Where is ICLR presumed?
- cases
Can it be rebutted?
A
Business agreements
- Edwards v Skyways
Can be rebutted with evidence
- Jones v Vernon Pools
3
Q
Where is ICLR not presumed?
- cases
Can it be rebutted?
A
Domestic agreements
- Balfour v Balfour
Can be rebutted with evidence
- Merritt v Merritt
4
Q
Explain ICLR and Letters of comfort
A
Letters of comfort are not usually intended to be legally binding, so usually not ICLR
- Kleinwort Benson v Malaysia Mining
5
Q
When are social arrangements usually business arrangements?
- cases
A
When money has changed hands
- Simpkins v Pays
