Intention to Create Legal Relations Flashcards
(3 cards)
1
Q
What is ITCLR?
A
In order for an agreement to be legally binding there must be an intention to create legal relations between the parties.
As seen in RTS Flexible system ltd v molkerei.
2
Q
True or False: ITCLR is generally assumed in Commercial and Social/Domestic agreements
A
False: ITCLR is assumed only in Commercial agreements. It is presumed that Social/Domestic agreements do not have intention to create legal relations.
As seen in Balfour V Balfour
3
Q
How can the presumtion for Social and Domestic agreements be rebutted?
A
The presumption of no ITCLR may be rebutted where the facts indicate that there was an intention to create legal relations
As seen in Merritt v Merritt
