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Created by allie hatch
about 5 years ago
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Question | Answer |
for a contract to be binding, both parties must have the intention to what? | be legally bound |
what is the presumption for social and domestic arrangements ? | presumed that there was no intention to be legally bound |
is this presumption irrebuttable ? | not irrebuttable but needs clear reliance, certainty of terms and evidence of the seriousness of the promise |
what is the case for agreements between a parent and child? | Jones v Padavatton not sufficiently certain (having an intention to be legally bound) |
what are the conflicting cases for agreements between husband and wives ? why are they conflicting ? | Balfour v Balfour - still together when agreement made so not legally enforceable Merritt v Merritt - split up when agreement was made so legally enforceable |
what must the language used have ? case? | must have certainty Gould v Gould |
what is the presumption for commercial agreements ? | - presumption that there is an intent to create legal relations |
what are the cases for this ? (commercial agreements) | Carlill v Carbolic smokeball Esso Petroleum v commissioners |
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