intention to be legally bound

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

Resource summary

	Created by allie hatch over 5 years ago