intention to create legal relations Flashcards
(6 cards)
1
Q
what is itclr
A
parties express or implied agreement to enter a legally binding contract
2
Q
2 types of agreement
A
- social and domestic
- commercial/ business
3
Q
commercial/ business
A
presumption from courts that the agreement is legally binding
4
Q
rebuttals
A
(edward v skyward)
“binding in honour only”
5
Q
social and domestic
A
assumption for it not to be legally binding
6
Q
rebuttes
A
- not contracting on a domestic basis (albert v motor insurers)
- breakdown of relationship
(merit v merit) (balfour v balfour) - reliance on contract
(parker v clarke) - entering competition togehter (simpkins v pays)