intention to create legal relations Flashcards
(6 cards)
definition
both parties must have an intention to create legal relations
this means that both parties have an intention to be legally bound
business/commerical
the starting presumption is that the parties did intend to be legally bound
unless their is proof of otherwise (jones v vernons pools)
social/domestic agreements
the starting presumption is that the parties did not intend to be legally bound (balfour v balfour)
unless their is proof of otherwise (meritt v meritt)
money changing hands
(simpkins v pays)
rebut presumption to a business agreement
financial security at risk
would rebut presumption to be business agreement (parker v clarke)
wording of agreement is vague
could rebut to a social agreement